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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 34516
Experience:  16 yrs. of trial experience
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If a spouse is known to be spending the next three days at a

Customer Question

If a spouse is known to be spending the next three days at a lover's house and I am the owner (only one listed on the mortgage) of the primary house of residence, can legally change the locks and not let the spouse back in?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

I am sorry for this dilemma. You can not simple "evict" without providing notice and an opportunity to find a new place to live...if you do, your spouse could sue you for "wrongful eviction" as part of a divorce action.

If your goal is to remove him from the home, you must give him notice, and at least 30 days to find a new place to live...then, after the 30 days have elapsed you can go to court and seek an eviction.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.