Can I change the lock?

[eyeswideopen]

My wife and I are in the process of separation. She is moving out to the new house she purchased this week. We have not finished settling anything with our lawyers and do not have a signed sep agreement. We are cordial and amicable and do talk, only issue we are having I had posted in the financial category about her alternate proposal to paying CS to me.

My question is... Can I change the lock on the door and not give her a new key legally? We have not settled our equity yet and her name is still on the deed. I mentioned I was changing the lock and she had a negative comment saying she still owns the house on paper... I mentioned I don't have a key for her new house... she replied thats because it's "her" house. Anyhow I want to change the locks on the house and shed after she is finished moving out... Can I legally? I'm guessing as our split is amicable that she wouldn't attempt to come back in anyhow... but I'd feel better about it.

[standing on the sidelines]

nope you cannot change the lock on the marital home. She is legally able to be there. As for her house, it isnt the marital home some you are barking up the wrong tree there.

If things are going good then why rock the boat????? Get a court order giving you possession of the house and then you can do what you want.

[Mess]

You CAN change the lock. However if she calls a locksmith and has herself let in, there is nothing you can charge her with.

Meanwhile, there is no law she can charge you with breaking. Is she going to have you arrested? On what charge? Sue you for damages? What damages?

If she forces entry WITHOUT having given you any notice then she is breaking and entering, just as a landlord would be if they had a tenent and entered without notice. If she damages the home on entry she is responsible for the cost.

You should send her an email or registered letter informing her that she is no longer a resident of the home. While she retains part ownership, she must 24 hours notice to have access to the home, as well as provide a reasonable cause to want to come in. Continuously coming over for trivial reasons would be harrassment. You have a right to privacy.

As soon as she had a new official residence, she lost any civil rights she had to the property as resident. She can NOT come and go as she pleases.

In a very technical view of the law, she has a right to hold the new key, but there are no repercussions to you if you change the locks. She can't sue you for anything, as long as she has possession of all of her own property that was in the home.

In a most civil and amicable arrangement, you would offer her a key in a sealed and initialed envelope for use in emergencies, and have her give you a written acknowledgement that she would only use it in emergencies and that she understands that does not have any ordinary access rights as a resident but may only enter the house for reasonable purposes with 24 hours notice.