Legal Question in Real Estate Law in California

Re: property issues

You live in a community property state. If you bought the house after you were married, it is community property and she is entitled to one-half of it. If you bought the house before marriage and you paid the mortgage with non community property assets, the house is yours.

If you fully own the house, then you should change the locks on her if she has left you. If you both own it then one owner can not bar the other from entering, but a restraining order can be optalined to gain the ability to live there and bar the other spouce.

You should contact a divorce lawyer because they will be experienced in this field.

Re: property issues

Can she? Sure. Can she legally?...probably not. You should have an attorney analyze your situation and advise you as to what to do.

Best,

Daniel Bakondi, Esq.

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Re: property issues

I don't agree with your premise. You aren't the sole owner of your house because your wife doesn't work. Your earnings during marriage were't your sole property, they were community property. Anything bought with your earnings during marriage is also community property. Even if you bought the house with money you earned before marrying, or with gift or inheritance money, making mortgage payments with your earnings during marriage would give rise to a small, but increasing, community-property interest. Therefore, the house is not your house. It is almost certainly in some part the house of your wife and you - community property. It is better for you to get a grip on this now, before you get a rude shock in court when the judge agrees with your soon-to-be ex-wife's lawyer.

As to changing the locks, why on earth would she want to do this if she's left? I guess either co-owner of a house can decide to paint it blue or re-do the kitchen or change the locks or screen in the patio, so it isn't necessarily illegal for her to change the locks, or for you to do it, either. What is illegal is to create a public disturbance, to harass, to threaten, or forcibly to exclude the other. So, she can change the locks, but she needs to give you a key. If you come home some night and find yourself locked out, calling your own locksmith is OK, breaking in to your own house by force is questionable, and beating up your wife for changing the locks, or throwing her out forcibly if she's inside, are definite no-nos.