my wife leave me an my son an move out.

UPDATED: Sep 30, 2022

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my wife leave me an my son an move out.

my wife leave us an move out she now live one
house away..she take it on her self to walk in
back the house like she still live here..she
curse me out an threatening me..I like to know
if I can change the locks for my own privacy
and safety..

Asked on June 3, 2017 under Family Law, New York


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

Answered 5 years ago | Contributor

Unless and until a legal separation agreement has been entered into or a final decree of divorce has been granted which gives the right of occuancy to one of the spouses, both parties have equal access to the "marital residence". This is true even if one of the spouses has moved out and no matter whose name the deed/lease is in. The exception is if one spouse has put the other spouse or thier children in fear for the safety. In such a case, an order of protection can be issued by a judge and the offending spouse can be prohibited from entering the home. However, you must first go to court to obtain this order before changing any locks.

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 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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