If my wife andI are splitting up and she moved out, do I have to give her access to the house when I am not there?

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If my wife andI are splitting up and she moved out, do I have to give her access to the house when I am not there?

Should I change the locks as of the 1st? We are splitting at my request. She chose to move out immediately. She said she would come back for her belongings. We rent; she helped pay the rent.

Asked on November 27, 2011 under Family Law, Michigan

Answers:

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

Answered 12 years ago | Contributor

Yes, you do have to give her complete access to the premises at least until:

  • A divorce decree specifies that you get sole possession;
  • A legal separation agreement gives you the sole occupancy rights; or
  • A court order is in effect prohibiting your spouse from entering the premises (e.g. a protective order, etc.).

Until any of the above go into effect, the house is still deemed to be the "marital residence". She has as much right to enter as do you. This is true no matter whose name is on the lease and/or who pays for it. And by no means, do not change the locks. This could be deemed both a civil and even criminal offense if she is not allowed entry and/or the ability to get her rightful possessions.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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