The home if purchased during the marriage is marital property. Even if your spouse moves out they still own the property with you. If you change the locks and they want back in they could break in if they wanted. Why don't you get the divorce filed and worked out then worry about changing the locks.
If you find my answer to be helpful or the best answer, please make sure to mark your choice. **COMMUNICATION ON THIS SITE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP.**
No, you cannot change the locks until you have settled issues with regard to your marital property--until the Court has ruled that you are the only one that would reside at the marital property. You may just want to ask him if it is okay for you change the locks since he has already moved out. This would save you some time before the Court if you were to change the locks without his knowledge and then he tries to get into the house, but cannot because you have changed the locks.
My answers here are for general information only and should not be construed to be formal legal advice or the formation of an Attorney-Client relationship. I am not your Attorney. You should always consult with a local Attorney before taking any action based on the general information provided by me on this site. I practice law only in jurisdictions I am properly authorized to do so and do not seek to represent anyone outside the jurisdictions where I have been licensed to practice law. Currently, I am licensed to practice law in the Commonwealth of Massachusetts and the State of New York.
It all depends on the facts and circumstances of your case. The home is considered marital property, but you also have a right to personal safety and to limit access to you and your assets. Retain a qualified family attorney to sort out your rights and responsibilities.
Generally, it is advisable that no locks are changed unless you are granted exclusive use and possession of the marital home. You can seek such exclusive use and possession through a temporary relief motion. However, since each divorce case is fact-specific, it would truly serve your interests to consult with a divorce attorney in your area for further guidance specific to your particular circumstances. Good luck!
This communication is for informational purposes only and does not constitute legal advice and does not establish an attorney-client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline