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Question: My husband and I are separated. The atmosphere in our home is very uncomfortable and I do not think it's good for the kids. I would like him "gone". Can I change the locks while he is at work?
Answer: No, the law does not permit you to do that. Married spouses have equal possessory rights to the matrimonial home, no matter who is actually on title (owns it). Those rights can only be set aside in one of two ways:
1. your spouse agrees to move out; or
2. the Court Orders your spouse to move out.
Changing the locks without his knowledge means taking away his possessory rights without his consent or Court Order.
If you feel that you must protect your own safety and the children's, changing the locks is not a solution to the problem - if safety is an issue, you MUST call the police.
Do you have more questions? contact us...
Question: My husband and I are separated. The atmosphere in our home is very uncomfortable and I do not think it's good for the kids. I would like him "gone". Can I change the locks while he is at work?
Answer: No, the law does not permit you to do that. Married spouses have equal possessory rights to the matrimonial home, no matter who is actually on title (owns it). Those rights can only be set aside in one of two ways:
1. your spouse agrees to move out; or
2. the Court Orders your spouse to move out.
Changing the locks without his knowledge means taking away his possessory rights without his consent or Court Order.
If you feel that you must protect your own safety and the children's, changing the locks is not a solution to the problem - if safety is an issue, you MUST call the police.
Do you have more questions? contact us...
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