QUESTION
Can my son-in-law lock my daughter out from their house before they get a divorce?
Asked on Sep 07th, 2011 on Divorce - California
More details to this question:
My daughter has been married for 8 years. Her husband got angry because she refused to sign permission for him to read her therapist’s notes before she read them herself. He abandoned her and had the locks changed on their home. The home was purchased by his mother. Did he have a legal right to lock her out?
13 ANSWERS
Roianne Houlton Conner
No he can not legally lock her out of the house.
Answered on Jun 25th, 2013 at 1:29 AM
Administrative-Regulator Attorney serving Seattle, WA
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Law Offices of Karen A. Clark
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This sound like it could be an abusive situation. In general, she does not have to consent to anyone reading her therapist's notes, and she should consider anyone requesting to do so with a wary eye. If this is indeed an abusive situation or if she thinks that it might become abusive, I would suggest that she contact the Eastside Domestic Violence Program. If she wants to get her things from the house, I would suggest that she contact the police about getting a civil standby.
Answered on Sep 12th, 2011 at 3:14 PM
No, but his behavior is not illegal either. She is married with a right to live there, but sounds like that may not be in her interest right now.
Answered on Sep 12th, 2011 at 10:28 AM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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No. If they are married and that is the marital home, she can legally break into the house if she wants to.
Answered on Sep 09th, 2011 at 12:58 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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No, not even close. In fact, your daughter can file for a Temporary Restraining Order against him, and might get him kicked out of the house. The police might intervene to help her to peaceably retrieve some of her belongings, but it would be best to file. She might want to file for divorce (Dissolution) while she is at it (he sounds like a miserable person, and who would want to be live with him, anyway). Legally, she has a right to live in the residence, and he should have to file an Unlawful Detainer. Again, she should file for a TRO. A Court would make orders regarding the property at an Order to Show Cause Hearing if she filed for divorce, but it could take several weeks to get a court date.
Answered on Sep 09th, 2011 at 12:32 PM
Bankruptcy Attorney serving North Muskegon, MI
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Holmes Law Office
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Until there is a court order saying different, it his house he can change the locks if he wants. It is also her residence and she can enter and change the locks back. I suggest that she get an attorney, and get an order giving her exclusive possession of the house, before he does.
Answered on Sep 09th, 2011 at 12:06 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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What he did is not "illegal" so the question is really what your daughter needs/wants to do. Legally, he can do whatever she lets him get away with. Since it doesn't sound like the marriage is worth saving, she needs to file for divorce and begin the process of ending the marriage.
Answered on Sep 09th, 2011 at 11:49 AM
Theodore W. Robinson
Absolutely not! Any Court will direct him to open the house up to her again and perhaps they would throw him out for such immature antics. It's best to hire a lawyer toassist her though. Good luck.
Answered on Sep 09th, 2011 at 11:45 AM
Steven D. Dunnings
Unless he obtained an court order granting him exclusive use of the marital home or obtained a personal protection order prohibiting her from entering the home, she has just as much right as he does to be there. Sounds as if she should consider filing for a divorce.
Answered on Sep 09th, 2011 at 11:07 AM
2 Awards
No he does not have the right to lock her out as this is her legal residence. The larger question is what is your daughter planning on doing about it? She may be able to get herself back into the house, but then what? I suggest your daughter consult an experienced Family Law attorney to discuss her case in greater detail and learn all of her rights and options. Good luck.
Answered on Sep 09th, 2011 at 8:52 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington she could go to court and have her access to the house determined.
Answered on Sep 08th, 2011 at 9:07 PM
Glen Edward Ashman
Probably not, and she should discuss that with her lawyer.
Answered on Sep 08th, 2011 at 8:50 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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Is she on title to the property? If she is then no.
Answered on Sep 08th, 2011 at 8:45 PM