Changing the locks

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Changing the locks

I recently changed the locks so my
spouse can not access it. I live in
Louisiana and i bought the home
before we were married and its
actually my sole asset on the prenuptial
agreement. We have a house in Iowa
we have been trying to sell so my
spouse has only Benin here since the
end of October on and off. I need to
know if I am within my legal rights by
changing the locks? Or do I need a
court order?

Asked on April 23, 2018 under Family Law, Louisiana

Answers:

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

Answered 6 years ago | Contributor

Unless there exists a legal separation agreement or final decree of divorce that specifies who has the rights to possession, the house remains the "joint marital residence", regardless of whose name the deed is in. Accordingly, until the house is awarded to you as your sole and seperate property by the court (or in a formal separation agreement), you both have the right to occupy it. At this point, you may want to consult with a attorney who can best advise you further.


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