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.
Ok, well in her case, her parents own the condo they live in, and they rent it from them..... does that make any difference?
Is there a written rental lease with both the husband and wife named as tenants?
I don't believe so...I'm pretty sure they just make the mortgage payment to her parents
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.
Fantastic. :) Thank you so much.
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).