my wife leave me an my son an move out.

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my wife leave me an my son an move out.

my wife leave us an move out she now live one
house away..she take it on her self to walk in
back the house like she still live here..she
curse me out an threatening me..I like to know
if I can change the locks for my own privacy
and safety..

Asked on June 3, 2017 under Family Law, New York

Answers:

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

Answered 3 years ago | Contributor

Unless and until a legal separation agreement has been entered into or a final decree of divorce has been granted which gives the right of occuancy to one of the spouses, both parties have equal access to the "marital residence". This is true even if one of the spouses has moved out and no matter whose name the deed/lease is in. The exception is if one spouse has put the other spouse or thier children in fear for the safety. In such a case, an order of protection can be issued by a judge and the offending spouse can be prohibited from entering the home. However, you must first go to court to obtain this order before changing any locks.


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