I live in Illinois. My husband left me on December 1st of 2008 but he is still paying all of the bills and the mortgage. He took most of his things but he still has some things in the house. If he does not return to the home by December 1st 2009, which will be one year can I legally lock him out because of the time that he has been gone. My friend is saying that legally, because he has been gone for one year that I can lock him out and change the locks and that my husband no longer has rights since he abandoned me and my son. Please let me know if I can do this.
State/Country relating to question: Illinois
This is not true. You can change the locks but if he returns he can get the police to force you to allow him in if he is on the title of the home. You need to file for divorce on Dec 1 on the grounds of willful desertion so that you protect your right to possession of the house, and custody of your son.
Practicing attorney for 10 years
Thank you for the advice. This has helped me tremendously!!!
You are welcome.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).