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John1967
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Reged: 03/22/11
Posts: 2

Can I change the locks?

#737564 - 03/22/11 10:00 AM

in 2004 i quit my job to take care of my elderly parents. my wife and i moved into their home so i would be there when they needed me. my wife continued to work. my father passed in 2006 and my mother passed in 2009. after my mother passed i was willed their home. the home is in my name only but my wife and i still live there. about two weeks ago i felt home and told her that i want a divorce. i have been staying with friends and looking for work to support myself. Since the house is in my name only can i change the locks and pack her things to give to her when the police are present? she has her father that lives a few miles away to stay with and i have no family and no where else to go.

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Maury
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Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->

Re: Can I change the locks?

[Re: John1967]
#737566 - 03/22/11 10:13 AM

You can change the locks, but she has as much right to access as you which meaning she can legally break in unless evicted.

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John1967
recently joined

Reged: 03/22/11
Posts: 2

Re: Can I change the locks?

[Re: Maury]
#737567 - 03/22/11 10:18 AM

so how do i go about evicting her?

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Maury
Carpal \'Tunnel

Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->

Re: Can I change the locks?

[Re: John1967]
#737571 - 03/22/11 10:43 AM

You probably can't unless or until a court order in family court allows it. Most courts would consider occupancy of the home an issue best left to family courts.

In short, it is an issue that should be handled as part of a temporary hearing in a divorce or legal separation

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