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I am getting ready for a divorce in VA. I have moved out to begin our seperation, but we do not have any papers drawn up yet. She is threatening to change the locks on our house and already changed the securtiy code to the home alarm system. Can she legally do this without papers? Can I do anything to stop her?
Optional Information: State/Country relating to question: Virginia
Marital property belongs to both spouses to do with what they will, and so the short answer to your question is: yes - a wife, for example, can change the locks, security codes, etc at will lawfully, though without the consent of her husband. There is nothing legally to prevent the spouse who is exercising exclusive use of the home (because the other relocated) from changing locks and security codes. However, yes, it can be stopped and/or corrected. For example, if a wife chooses to exercise exclusive use of marital assets and denies access to her husband, then he may file papers with the court and seek spousal support during the separation or otherwise request that the court order the wife to allow him access to the marital property during that time. Such orders rendered under similar circumstances have been consistently upheld on appeal, see Dunfee v. Dunfee (Va. App., 2010).
Experience: Experienced practitioner in family law, including divorce, custody, and domestic violence cases.