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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.
Optional Information: 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.
Experience: Practicing attorney for 10 years
Shelley,
Thank you for the advice. This has helped me tremendously!!!
You are welcome.