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Can I Change the Locks on my Matrimonial Home?

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Q: When we separated, my spouse left the home. I changed the locks and now he cannot enter the home unless I allow him access.
How will the courts view this?

A: Absent a court order that grants one spouse exclusive possession of the matrimonial home, you are not allowed to take steps to frustrate your spouse’s possessory right to the matrimonial home. Even if your spouse has moved out voluntarily, s/he is at liberty to return to the house at any time.

A court will likely view your actions as “self help” and frown upon same.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

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