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My husband and I have been arguing a lot lately. We have two small children (both under the age of 3). I just found out that he changed the locks to the home we are currently renting. Is he legally allowed to do that? I'm staying with my mother tonight and have no way to get into my own home. Any advice would be much appreciated. Thanks.

2006-12-03 13:34:36 · 18 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

18 answers

As everyone else stated - just call the police. One spouse cannot lock another spouse out all because of an argument. He must grant you access to the home. In many areas when two individuals are living together whether its legal or common law locking a spouse out is not legal and if the police are called they will let both parties know this. The police state legal documents must be filed (i.e. a divorce) in order to deny a spouse access to a home they were once residing in.

2006-12-03 13:45:44 · answer #1 · answered by The First Lady 5 · 0 0

Technically, he can't change the locks on you if you are on the lease or considered an occupant of the house. And because you're children are their he has no right to keep you out. If i were you I would call the police and demand to be let back into your home or at least go there and get your kids to safety. I just started studying criminology, so i know for a fact, he can't keep you from that house as long as u are legally married! Good luck too you and shame on him!

2006-12-03 21:42:36 · answer #2 · answered by rleerose_3 2 · 0 0

No, he cannot legally do that. It is the "marital home". Call the police and they will let you back in. I'd also call your landlord since you are renting and let him know the locks have been changed. Usually the landlord has a key to the house since they own it - in case of a pipe bursting or something like that.

I'd also call a lawyer.

Good Luck!

2006-12-03 21:39:05 · answer #3 · answered by Sarah 3 · 0 0

No he can not. First of all contact your landlord and see if he got permission to change the locks. Second you are a leagal resident and you can not be kicked out of your own home without proper court papers and that takes time. I would call him and tell him that if he does not let you into the house you will call the police. If you have to the police will make him let you back in and he will probably get sited for his infraction. You are allowed in your home leagally as much as he is. Good luck.

2006-12-03 23:01:47 · answer #4 · answered by gemir69 2 · 0 0

If you are renting, then no, he has no legal way to do that w/o respect to your landlord. Your landlord owns the home, I would call him. If he had technically bought the home in his name, he could do that. If the home was bought in both your names, then you would be able to contest.
Call a lawyer. Call the Landlord. Who signed the rental agreement? If he solely did, and changed the locks on the landlord, then the landlord should know. If you both did, you both have equal rights to the unit.

2006-12-03 21:39:44 · answer #5 · answered by Jennifer K 2 · 0 0

He can physically change the locks but most renters have it in their contracts they can't do that. Call a locksmith while your soon to be ex is at work and claim you locked yourself out and he will let you back in if you have proper ID showing you actually live there. Then you have all of the locks changed and don't give HIM a key. Or clean the house out of your stuff and leave. He's given you the hint that he is kicking you out.

2006-12-03 21:40:30 · answer #6 · answered by lady01love 4 · 0 0

if the house is in both of your names, then no he cannot. see if you both signed the lease. If he only signed it, then I'm sorry to let you know that yes, he can do that. You can always call the cops to mediate to see if you can get some of your stuff, if it comes to that. Can you talk to him? Call him on the phone to see what is up? Is he going to work tommorrow? Do you stay home with the kids, or does he? If you stay home with them, will you be able to get in and take care of them tommorrow? Sorry to pose some of these questions, but this is to see if you have any chance to get in tommorrow.

2006-12-03 21:41:40 · answer #7 · answered by Lady Sardonyx 5 · 0 0

Legally he can not change the locks on your home. I would call the police as they can force him to let you in.

2006-12-03 21:39:14 · answer #8 · answered by hes 3 · 0 0

No he cannot do that. Call your landlord and then the police, if he gets nutty. Call a lawyer, 1st thing in the morning.

2006-12-03 23:20:59 · answer #9 · answered by nanann 2 · 0 0

Yea he can especially since you left the home....if your relationship is over then you can take him to court and get your stuff back....or pretend to get back with him as he is working clean out your house and leave him_

2006-12-03 21:38:24 · answer #10 · answered by Chickybabe 6 · 0 0

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