If my husband has moved out of our house but is still paying the mortgage, canI change the locks?
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If my husband has moved out of our house but is still paying the mortgage, canI change the locks?
Asked on November 13, 2011 under Family Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No you cannot. Unless or until there is a formal separation agreement or court order that stipulates which spouse as the right to possession of the house, both spouses have equal rights to live there. Once the divorce is finalized, the decree will stipulate who has control of the house after that.This is true no matter who is paying the mortgage (or whose name is on it). The fact is that the house is considered to be the "joint marital residence". Consequently, both parties have equal rights to live there.
The exception here would be if one party is deemed to be a danger to the other. Then that party could be removed immediately to insure the safety of the other spouse (or occupants).
At this point you need to speak to directly to a divorce attorney in your area. They can best explain your rights and responsibilities.
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