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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116754
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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In our divorce decree the judge said both of us could live

Customer Question

In our divorce decree the judge said both of us could live in the house until the house was sold. He has moved out but wants to be able to come in whenever he wants. Can I legally change the locks
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, you cannot just change the locks as long as the decree says both of you have rights to the house. If he has moved out, you must file a motion to modify the decree and for temporary possession of the home until it sells. In your motion, you would explain he has moved from the home and ask the court to modify your decree allowing you sole possession of the home until it sells. Without a court order of modification, if you change the locks he can gain access by breaking in and there is nothing you can do about it OR he could take you to court for contempt of the divorce decree by not allowing him access. So to do this right, you have to go back to court and get the decree modified.
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