Changing locks after separating

[Anonymous]

My DH and I are in the process of divorcing. I moved out with my kids over the summer after he basically told me to get the f out. I’m staying with a friend in their basement. My husband and I are both on the title of our house but he went ahead and had the locks changed. Is there anything I can do about this? I have a lawyer but he seemed to just brush it off saying it was a nasty thing to do. I feel like something else should have been done.

[Anonymous]

It is called constructive eviction. If your lawyer doesn’t understand that term, consult a real estate lawyer to explain your rights, particularly if you continue to pay some of
Mortgage.

[Anonymous]

Anonymous wrote:It is called constructive eviction. If your lawyer doesn’t understand that term, consult a real estate lawyer to explain your rights, particularly if you continue to pay some of
Mortgage.

Thanks. I looked this up and it looks like it applies to landlords and tenants. Does it still apply with two co-owners?

[Anonymous]

https://www.legalmatch.com/law-library/article/evicting-a-spouse-during-separation.html

[Anonymous]

He can’t do this. Get a new lawyer or get yours to pay attention

[Anonymous]

PPs are technically correct that he can't bar you from the house unless there is an order in place giving him sole possession of the house. Before you do anything about this, though, you need to think about how this is going to play to a court. If the issue is that you still have personal belongings at the house, such as clothing or personal papers, to which he is wholly refusing to allow you access, that's one thing. But if the issue is that you keep barging into the house unannounced during his time with the kids, the court isn't going to be too thrilled with you either. It's important to think strategically here, so how to approach it depends on why you want/need access to the house.

[Anonymous]

Call a locksmith when he’s away. Get them all changed.

[Anonymous]

Anonymous wrote:PPs are technically correct that he can't bar you from the house unless there is an order in place giving him sole possession of the house. Before you do anything about this, though, you need to think about how this is going to play to a court. If the issue is that you still have personal belongings at the house, such as clothing or personal papers, to which he is wholly refusing to allow you access, that's one thing. But if the issue is that you keep barging into the house unannounced during his time with the kids, the court isn't going to be too thrilled with you either. It's important to think strategically here, so how to approach it depends on why you want/need access to the house.

I haven’t gone in the house since he said we should do all drop offs outside. Before I was quickly coming in, grabbing whatever I needed and then leaving. I’m not trying to go in now either since I can’t anyway. I didn’t like how my lawyer seemed to brush it off and figured maybe he’s saving that for later. Not sure. I just felt that my DH is the one who should be penalized for this but nothing seems to be happening about it.

Agreed I probably need a new lawyer.

[Anonymous]

OP you need a new lawyer. No he can not do this. If your name is on that deed you need to go to court. The judge will not be happy.

He can not just kick you out.

[Anonymous]

Are you legally separated? If I were separated I would not expect my soon to be ex to think he can just come into the the house whenever he wants. If you aren’t living there anymore, why do you need a key? Do you have things there? Can you arrange a time to get your things?

It’s not really clear why you need access to the house your ex lives in. I understand you are on the deed, but what is the plan for house - is he going to buy you out, will you sell, or what? If your aren’t planning to move back in then I think your name on the deed should entitle you to your share of the value of the property, but not the right to come and go as you please.

[Anonymous]

For starters, stop referring to him as "dear husband." He's an ass. Nothing dear about him.

[Anonymous]

Anonymous wrote:

Anonymous wrote:PPs are technically correct that he can't bar you from the house unless there is an order in place giving him sole possession of the house. Before you do anything about this, though, you need to think about how this is going to play to a court. If the issue is that you still have personal belongings at the house, such as clothing or personal papers, to which he is wholly refusing to allow you access, that's one thing. But if the issue is that you keep barging into the house unannounced during his time with the kids, the court isn't going to be too thrilled with you either. It's important to think strategically here, so how to approach it depends on why you want/need access to the house.

I haven’t gone in the house since he said we should do all drop offs outside. Before I was quickly coming in, grabbing whatever I needed and then leaving. I’m not trying to go in now either since I can’t anyway. I didn’t like how my lawyer seemed to brush it off and figured maybe he’s saving that for later. Not sure. I just felt that my DH is the one who should be penalized for this but nothing seems to be happening about it.

Agreed I probably need a new lawyer.

If you haven't been going since he asked to do all drop-offs outside, how did you discover he changed the locks?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:PPs are technically correct that he can't bar you from the house unless there is an order in place giving him sole possession of the house. Before you do anything about this, though, you need to think about how this is going to play to a court. If the issue is that you still have personal belongings at the house, such as clothing or personal papers, to which he is wholly refusing to allow you access, that's one thing. But if the issue is that you keep barging into the house unannounced during his time with the kids, the court isn't going to be too thrilled with you either. It's important to think strategically here, so how to approach it depends on why you want/need access to the house.

I haven’t gone in the house since he said we should do all drop offs outside. Before I was quickly coming in, grabbing whatever I needed and then leaving. I’m not trying to go in now either since I can’t anyway. I didn’t like how my lawyer seemed to brush it off and figured maybe he’s saving that for later. Not sure. I just felt that my DH is the one who should be penalized for this but nothing seems to be happening about it.

Agreed I probably need a new lawyer.

If you haven't been going since he asked to do all drop-offs outside, how did you discover he changed the locks?

Saw it on our ring device. He hired someone to do it.

[Anonymous]

Anonymous wrote:For starters, stop referring to him as "dear husband." He's an ass. Nothing dear about him.

How do you know? Maybe she had affair and got caught....her leaving the home is sign number one.

[Anonymous]

Anonymous wrote:

Anonymous wrote:For starters, stop referring to him as "dear husband." He's an ass. Nothing dear about him.

How do you know? Maybe she had affair and got caught....her leaving the home is sign number one.

Yeah, I’m getting vibes that OP did something to trigger the divorce and now keeps running roughshod over his boundaries, so he changed the locks to get some peace when he’s at home. OP’s lawyer doesn’t want to fight the lock changing because he knows she’ll look bad when all of those facts come out.