QUESTION
Is it legal for a wife to move all personal things out of the house and change the lock?
Asked on Aug 22nd, 2012 on Divorce - California
16 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 22nd, 2013 at 10:30 PM
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 10:26 PM
Dennis P. Mikko
While it may be legal, it is not good practice. The marital home is equally the home of both people. Without a court order, neither should deprive the other of the home.
Answered on Aug 24th, 2012 at 1:30 AM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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In Texas, that is still the jointly held community home, so no, not without a court order or injunction.
Answered on Aug 22nd, 2012 at 10:51 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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It is not illegal, you need to go to court.
Answered on Aug 22nd, 2012 at 10:51 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Unless and until there is a court order, both parties have equal rights to all household goods, so you cannot do anything about the items taken except seek your one-half share in a divorce proceedings. As for changing the locks, unless your spouse has a court order granting her exclusive use of the residence, she cannot keep you out. You can break the new lock and enter.
Answered on Aug 22nd, 2012 at 10:51 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Absent an order from the court giving her exclusive rights to the residence, she may not change the locks on the house.
Answered on Aug 22nd, 2012 at 12:45 PM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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Not proper, but not illegal.
Answered on Aug 22nd, 2012 at 12:45 PM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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If the spouse is a joint owner of the home, yes.
Answered on Aug 22nd, 2012 at 12:44 PM
Steven D. Dunnings
Yes, unless there is a court order to the contrary.
Answered on Aug 22nd, 2012 at 12:43 PM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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No, it is not. You have as much legal right to be in the marital home as she does, until a judge orders otherwise.
Answered on Aug 22nd, 2012 at 12:43 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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Who owns what was moved and the house? If community, then no. Get an order changing the status.
Answered on Aug 22nd, 2012 at 12:43 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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I assume you mean all of your things. Either way, there is nothing necessarily illegal about it. It is certainly not a criminal offense. Of course, if the house is in both of your names, that means you are both legal owners and you have just as much right to the house as she. That is, as long as there is not a court order giving her exclusive possession of the home.
Answered on Aug 22nd, 2012 at 12:41 PM
1 Award
She can do it legally. You need to file a restraining order so she cannot dispose of the property.
Answered on Aug 22nd, 2012 at 12:39 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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No, it is not legal unless she has a court order to do so.
Answered on Aug 22nd, 2012 at 12:38 PM
If the property is co-owned then a party must have a court order to exclude the other spouse.
Answered on Aug 22nd, 2012 at 12:38 PM