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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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My wife move out of our home and, she will not leave the keys

Resolved Question:

My wife move out of our home and, she will not leave the keys to the house. what should I do.
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.

HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Have either of you filed for divorce or separation with the court?

Does she plan to return?

Are there children involved?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

Customer: replied 5 years ago.
we have not filed for divorce or separation. She does not plan to return and, there are no children involved
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - If this is the marital residence then she has the right to come and go as she pleases until there is a court order to the contrary. If you file for divorce and ask the court for an order of exclusive use then you would have the right to sole use of the premises and can change the locks.


From a practical standpoint, if she is not coming back, you can change the locks and if she returns and can't access the house she would have to file a court action. Assuming you are planning to divorce you might as well file your complaint for divorce and get the court to award you the use of the premises.


Dave Kennett

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