Legal Question in Family Law in Florida

access to mutually owned home

husband packs up, walks out, moving truck and everything. Can wife change the locks if they both own the home?


Asked on 12/13/07, 8:13 pm

3 Answers from Attorneys

Re: access to mutually owned home

Why waste money. If this a prelude to a dissolution, then go ahead and go down to the courthouse and get temporary custody of the house.

Just moving out does not mean he has given up his property rights. Oh, take your lawyer with you.

He can find out about the locks when you get exclusive possession.

Read more
Answered on 12/15/07, 11:24 am
Scott R. Jay Law Offices of Scott R. Jay

Re: access to mutually owned home

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, if your husband has truly packed up and vacated the residence, then you can certainly change the locks to your residence. On the other hand, if the residence is in dispute and he has simply left for a few days, you have no right to change the locks in order to lock him out.

Scott R. Jay, Esq.

Read more
Answered on 12/13/07, 9:19 pm
Stanley Miller Stanley M. Miller, P.A.

Re: access to mutually owned home

sure but he can break in if he desires. need court order.

Read more
Answered on 12/13/07, 9:19 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida