Consequences of Changing the Locks on the Marital Home

Question:

My wife moved out of the marital home 90 days ago and has not returned nor has any plans to return. Both of our names are on the title to the home.

Can I change the locks without legal repercussion?

Answer:

While I cannot give legal advice on divorce, I can give some general guidance on this issue.

This is a question that I get from clients all the time in cases, especially when one spouse moves out of the marital home.

I always ask the clients if they had the ability to change the locks before the spouse moved out and the answer is always the same: they did. It is just that now since there is a divorce, people tend to think that right has changed.

Everyone who owns a home generally has the rights to change the locks.

The real question is do you have a right to keep her out of the home and the answer to that question is that it depends based upon the laws of your states and how you want to be perceived by the court.

I usually advise clients that they should document everything they have in the home with pictures or a list, and then ask the court to grant you sole and exclusive use of the residence, especially if she has not lived there for an extended period of time.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Kentucky divorce lawyer Jason Bowman, contact Cordell & Cordell.