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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4879
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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My son is sole owner of a condo. Presently the house is used

Customer Question

My son is sole owner of a condo. Presently the house is used by his wife, and their marriage is in the brink of broken. A few days ago, his wife unilaterally changed the lock of the house. My son contacted the police, and office said it was illegal, but did nothing. What options do we have? She aslo lied to post office to chnage the lock of the mail box
Submitted: 10 months ago.
Category: Legal
Expert:  Joseph replied 10 months ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Is your son's wife the only one residing in the condo at this time?
Customer: replied 10 months ago.


No, my son's son also resides the same house, when she cares for him four days a week. Besides, her mother a visitor from China is also resides at the house.

Expert:  Joseph replied 10 months ago.
So, to clarify, your son has not been locked out of his condo?

She just changed the locks without his permission but gave him a key?

Does he no longer want her and her mother to live there?
Customer: replied 10 months ago.

No, she did not give me son's key yesterday when my son tried to enter and she said she could not find the new key. Only after my son alerted police today, she gave the key to the police office when the police warmed her it is illegal to change the lock of my son's sole property.


As I said before, their marriage is basically broken and leads to a divoice. My son is present living with us as temperally arrangment. Thanks.

Expert:  Joseph replied 10 months ago.
Hello,

Your son needs to go through a formal eviction process to get her to leave then. However, he would be within his rights to change the locks back, but until she is actually evicted from the house (with her mother), he would be obligated to give her a key.

Unfortunately, while it is illegal for his wife to change the locks without his permission, it is not a crime (misdemeanor or otherwise) so the police cannot really intervene and do anything other than ensure that your son has a key and to inform his wife that what she did was illegal.

If not, it could be considered an illegal lockout, and he too could get in trouble for doing that, although it would probably be considered a civil matter like the changing of the locks without your son's prior permission.

He can serve her with a three day notice to quit, which would mean that she would have three days from that date to leave the premises.

Afterwards, he would need to file a summons and complaint to have her formally evicted.

Here is some good and useful information on that point:

http://www.jud.ct.gov/Publications/hm014.pdf


I hope the above information is helpful.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!


Customer: replied 10 months ago.

Joseph,


 


The eviction is never in the picture, as I said my son would let her and her mother stay until the divoice being settled. If her action is illegal, is there no any consequence? warning or record? Thanks.

Expert:  Joseph replied 10 months ago.
No, it's illegal in the sense that it violates his property rights, but it's not something that the police could act on to charge her with any crime.

It doesn't constitute a misdemeanor (and of course not a felony) so it's not something that she could be arrested for or convicted of, but there would be a record of the report made.

They likely did warn her at the time not to do it again, but, I'm afraid that other than that, there are no criminal consequences to her action.
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4879
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 10 other Legal Specialists are ready to help you
Customer: replied 10 months ago.


Joseph,


 


I have rated your answer as excellent already.


 


However, since you mentioned about the police probably would warned her do not do this again. It was actually her second time doing thing illegal. A few weeks ago, she also illegal changed the mail box lock with her lie to post office about losing the key. My son has their only mail box key. However my did not report to police about the case. Thanks.

Expert:  Joseph replied 10 months ago.
Thanks, XXXXX XXXXX don't think the rating went through. Could you please try again?

I do wish I had better news to give you, since his wife shouldn't go unpunished, but unfortunately, the police won't bother with these types of 'minor' illegal conduct.

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