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House issues in a divorce.

Rockledge, FL |

We are in the beginning of the divorce process. My wife left the house about a month ago and has not been back. Except the other day i found out she was in the house and I had my personal documents and other stuff out and she looked through them. This is the second time she has come to the house while i am at work to snoop around. The house is under both of our names but she left and said she isn't coming back. All I asked is that if she needed to get back in the house she should let me know so I can put my things away. I don't go to where she is staying and snoop around their so I don't think its fair that she comes here. So my question is if she has been gone for a month, and says she ain't coming back can I change the locks so she wont snoop around here? Ill let her in if she needs to.

Attorney Answers 4


  1. No. The home still belongs to her at this point. If you want her to not be able to come in, you need to file for divorce and, along with that, file a motion for exclusive temporary use and possession of the home.

    This response is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney to fully discuss your issues.


  2. You could but it wouldn't matter. You could get an order keeping her out. Just curious why you continue to leave documents out knowing she has been coming in and going through your papers? Keep in mind, in a divorce, through the discovery process, she'd be able to get the information anyway but, until, keep the property in a more secure location off premises.

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  3. You'll need to motion the court for exclusive use and possession of the marital home in the divorce case. If you change the locks, she can hire a locksmith and drill them out so I wouldn't waste the time and money. If you have sensitive documentation, I would put it in the trunk of the car (or another trusted location) and take it with you until you have a hearing.

    Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.


  4. Pursue a divorce, and file a Temporary Motion For Exclusive Possession of the Marital Home.

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