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legaleagle, Lawyer
Category: Family Law
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Is there a certain length of time that a husband needs to be

Resolved Question:

Is there a certain length of time that a husband needs to be moved out of the home before the wife can change the locks? He has been gone over a month, but there still is no legal paperwork done. However, she would really like to be able to change the locks,.

Submitted: 3 years ago.
Category: Family Law
Expert:  legaleagle replied 3 years ago.

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legaleagle :

If he is named as a joint owner he can come back at anytime and the police will require her to give him keys if she has changed the locks and there is no legal order giving her possession over him. So, yes she can change the locks at any time, but she may have to give him keys if there is no separation or divorce orders giving her possession over him.

Customer :

Ok, well in her case, her parents own the condo they live in, and they rent it from them..... does that make any difference?

legaleagle :

Is there a written rental lease with both the husband and wife named as tenants?

Customer :

I don't believe so...I'm pretty sure they just make the mortgage payment to her parents

legaleagle :

Then she can change the locks at any time and since he has been out for more than 30 days it is no longer his residence and he has no right to return and she would not be forced by the police or anyone to give him keys if she changes the locks.

Customer :

Fantastic. :) Thank you so much.

legaleagle :

You are welcome

legaleagle, Lawyer
Category: Family Law
Positive Feedback: 98.7 %
Satisfied Customers: 13440
Experience: Practicing attorney for 10 years
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