Can my wife lock me out?
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Can my wife lock me out?
We’re not getting along and she’s thinking about getting a divorce or separation.
Asked on December 3, 2017 under Family Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Based on the facts presented, no your wife cannot lock you out. Until there is a legal separation agreement in effect or a final decree of divorce has been issued, the home that a married couple share is deemed to be the "joint marital residence". This means that both spouses have the right to occupy it. This is true no matter whose name the deed/lease is in.
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