mailman8812
New
Reged: 02/05/08
Posts: 2
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when can i change the locks on the house. wife has been out since november. she now lives in an apartment and has changed her address. I live in Michigan if that helps any. she says that i cant change them until the divorce is final. however i dont want her here. i have custody of the kids. we have twins, 17 and a 16 year old.
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Jada
Platinum
Reged: 06/02/07
Posts: 3501
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Do you have a court order giving you exclusive possession of the house?
Personally, I would consult with an attorney about changing the locks.
Make sure that you have all important paperwork locked up where she can't get it in case she comes over when you are not there.
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SFLLADY
Silver
Reged: 01/10/08
Posts: 99
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Not certain of the law and all..but I replaced the locks the day he left. Didn't see any reason for him to continue to have access since it was his choice to venture out and find greener grass..which turned quite brown quickly..smile
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2312
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You can change the locks but there is nothing preventing her from entering the property until either you are granted exclusive use in court or until the divorce is finalized .
--------------------
Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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mailman8812
New
Reged: 02/05/08
Posts: 2
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Thank you for your responses so quickly. I will call my attorney tommorrow and check with him before I do change them. I dont want any trouble with the law or anything, I just want her to stop comming here anytime she pleases, especially when I am not here. Thanks again
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allthumbs
Platinum
Reged: 07/12/07
Posts: 574
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During my divorce, I stayed in the home we bought together and my STBX wife moved out. That was her choice and the way she wanted it. She did not want to remain in the family home. However, she would come by when I wasn't home and take items from the house that we had not yet agreed on who's was who's and that sort of thing. She felt she could come and go as she pleased and take whatever she wanted. After 7 months of this BS, I changed the locks. She screamed bloody murder because now she didn't have free run of the house. My attorney said since she moved out, it is no longer her residence and that she would need to make an appt. to come to the house, similar to a landlord wanting to go inside his rental property. So go ahead and change the locks. The ex will complain but so what. She has no legal right to enter without your knowledge.
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LovingFather
Bronze
Reged: 04/08/08
Posts: 27
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Be very careful.
In Arizona, simply moving out does not void co-ownership (and the resulting right to enter at will). I called the police for info just to be sure, and they said as long as I could prove my name was on the deed/title, they would not intervene if I entered the house -- even breaking a window, etc -- as long as no personal violence occurred.
And if violence did happen, my entering the house when she didn't want me to didn't automatically put me at fault, if she attacked me.
Be very careful about trying to deny access to joint assets. It likely will bite you in front of the judge.
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