Lawyer Directory
Home | Lawyer Directory | Legal Articles | Legal Forms | Forums | Submit Listing | Contact Us | New Site
 Main Menu
Lawyer DirectoryHome
Find a LawyerFind Lawyers by State
Search AttorneysFind Attorneys by Profession
Bankruptcy LawBankruptcy Law
Criminal LawCriminal Law
Employment LawEmployment Law
Family LawFamily Law
Bankruptcy LawImmigration Law
Criminal LawPersonal Injury
Submit Legal ListingSubmit Lawyer Listing
Find an AttorneyLegal Articles
legal helpLegal Cases
free legal AdviceLegal Advice
Free Legal FormsFree Legal Forms
Advanced Lawyer SearchLegal Information
Legal News FeedsLegal News
FAQs for Legal AdviceFAQs: Legal Advice
Find an AttorneyLawyer Listings

 Mailing List
Enter your Email address to receive frequent updates.

 Legal Resources
Finding a LawyerFinding the Right Lawyer
Lawyer Fee and CostLawyer Fee and Costs
Lawyer DictionaryLaw Dictionary
Legal AreasLegal Areas
Legal TipsLegal Tips
Legal NewsLegal News Resources
Legal SoftwareLegal Software
Law Books and PublicationsLaw Book Stores
Criminal RecordsCriminal Records
Background ChecksBackground Checks
Legal PublicationsLegal Publications
State Codes and StatutesState Codes and Statutes
Attorney EmploymentAttorney Employment
US State Bar AssociationsUS State Bar Associations
Legal Website DesignWebsite Design
Legal Website HostingWebsite Hosting
Legal Website PromotionWebsite Promotion
Lawyer JokesLawyer Jokes

Divorce issues: Locking your spouse out of the marriage.

Date : 4/14/2007  
Name :  Anonymous 
State :   
URL :   
Category :  Divorce Law 
Print Friendly VersionPrinter Friendly Version

Divorce issues: Locking your spouse out of the marriage.

Divorce issues: Locking your spouse out of the marital residence One of the questions most frequently asked by parties going through a divorce is if they can change the locks to their home in order to "lock-out" the other party. Parties contemplating such action typically want to deprive the other of access to the home for one of two reasons: either they can no longer tolerate the other party's presence in the home or they are fearful that a spouse who has already moved from the home will reenter the residence in order to harass or abuse them or to remove furniture or other valuable items. The easy answer to the question is, provided that the residence is a marital asset, either spouse can change the lock at any time. This does not, however, mean that they will be able to keep the other party out. Because both parties have equal rights to the property, the party who has been locked out will be within his or her rights to demand reentry to the property or resort to self-help measures such as breaking a window or picking the lock. Although you can call the police to document any damage to the property caused by the other party gaining reentry, police typically refuse to take any action against that party simply because he or she has equal rights to the residence, and as a property owner, is within his or her rights to reenter the residence. If you want to exclude your spouse from your home, you should obtain an order of exclusive use and possession from the Court. When awarded, such orders will not only enable you to change the locks to your home but will forbid the other party from gaining reentry. If he or she does so, they will be breaking an Order of the Court. Unlike situations where there is no order of exclusive use and possession, police departments can and often will enforce such orders. If your spouse has established another residence, you have what is call de facto exclusive use and possession of the property. In order to prevent the other party from reentering the property, however, you must still obtain an order of exclusive use and possession from the Court. When granted, this order will allow that party to remain in the home to the exclusion of the other party. If your spouse has not established another residence, Courts may still award exclusive use and possession. In cases involving domestic violence or other abuse, it is not unusual to see Orders being issued that specifically grant a party exclusive use or possession or that, as part of an Order of Protection, direct the other party to stay away from the home. In such situations, you would be within your rights to change the locks.
Tweet this Tweet this       Print Friendly VersionPrinter Friendly Version     

The legal information in this website is of general nature only and should not be regarded as formal legal or financial advice. makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation made by any lawyer, nor shall it have any  liability nor responsibility for the results or consequences of any legal representation provided by any of the attorneys or law firms listed in this web site.

Any electronic communication sent to any of the attorneys or law firms listed herein, by itself, will not create an attorney-client relationship.
Users Online:  6 

Member Login

Remember me
Home  |  Articles  |  Submit Article  |  Lawyer Search  |  Free Consultation  |  Sponsored Lawyers  |  Payment
Terms & Conditions  | Disclaimer |  Privacy   |  Submit Listing Link Removal  |  Lawyer Advertising  |  Site Map
Legal Blog  | Contact Us