Keep my spouse out

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Keep my spouse out

My spouse left the home about 1 1/2 years ago and has resided in another state since. We have filed for divorce. I do not want her to come into this home and want to inform her of this and have the locks changed. All of her belongings have been removed and are in storage. How do I go about making sure that she cannot come back to this home for any reason? She is not in title and never was. I purchased this home prior to our marriage.

Asked on November 7, 2016 under Family Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Regardles of whose name is on the deed, until a final decree of divorce issued (or a formal separation agreement is entered into), the house will remain the "joint marital residence", which means that both spouses have a right to occupy it. At such time as the divorce is finalized, the issue of occuancy will be determined.


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