What to do if my wife moved out and took all of her personal items so I changed the locks but she has gotten a locksmith to re-enter the residence?

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What to do if my wife moved out and took all of her personal items so I changed the locks but she has gotten a locksmith to re-enter the residence?

Her name is not on the title. Is she now trespassing since she has moved all her personal items out?

Asked on October 27, 2012 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can not change the locks on the marital home unless and until you have a court order or agreement between you.  Title on a home does not make it separate property in an of itself.  The court looks at many factors on the matter.  I would strongly suggest you seek help from an attorney.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your wife is not on title to the unit that you solely own and she has re-entered the unit, then technically she is trespassing even though she is still married to you based upon the facts that you have stated in your question. The problem is that if you get law enforcement involved, they will state it is a civil matter and will not want to get involved.


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