English
EspañolMy spouse left the home and I want to change the locks. Can they try to come back?
Typically, in most states, if a person is part owner of a marital home, s/he may have rights to come and go within that home (even if s/has voluntarily moved out) until some type of legal order is issued prohibiting it, such as a restraining order keeping the person away, or a divorce order giving possession of the home to one party. In general, one person cannot change the locks or else they run the risk of being arrested themselves for an illegal eviction. When a spouse is gone for a long period of time, in some states, there may be a law regarding whether a person “abandons” their right to return to the home after being gone for a certain period of time but I do not know if this exists in STATE. You may want to consult with an attorney [HYPERLINK] to discuss what the law is regarding a spouse returning to the marital home and what your spouse’s rights might be in this situation.
If one of the parties files for a divorce, there is a legal option in divorce proceedings in many states where a judge can award one person ”exclusive use of the home” while the divorce is pending. In this case, the person remaining in the home may be able to change the locks but it’d be good to clarify that with the divorce judge if they make that order. I am not sure whether or not exclusive use of the home is something a that a judge in your state could/would order while a divorce is pending but a divorce lawyer in your state would know. Also, here is a link to some more information about divorce [HYPERLINK] in STATE in case you’d find it helpful.
One common way for a spouse to not to be allowed back into the marital home is if a restraining order is issued that excludes the person from the home and orders them to stay away. You can look at the restraining orders section on our website [HYPERLINK] for information about eligibility and grounds for filing so you can see if you’d likely qualify or not. However, often there needs to be immediate danger to the petitioner for a judge to force someone to leave their home. You may want to consult with a lawyer about your situation to see if it’s likely or not that you’d be granted a restraining order that excludes your spouse.
