Legal Question in Real Estate Law in Florida

Changing locks?

My brother and his (ex) girlfriend bought a house together. Then he found out she was cheating on him. She is moving out all the furnishings they got for the house and moving to another city with her new boyfriend. They are both on the mortgage, but she is not making payments anymore and he's getting 2 roommates until the house sells. He just asked her for the keys, and she refused to give them to him, and said she'd have him served if he changed the locks. I say that she can't do anything, since she's moving out and none of her belongings will be in the house, and he has every right to change the locks without repercussions. What is correct?


Asked on 5/28/07, 2:33 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Changing locks?

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.

If the ex-girlfriend has moved all of her belongings out of the residence and moved to another residence, your brother has every right to change the locks on the house. He has a right to privacy and to safeguard his possessions - and those of his new roommates.

The ex may have an ownership right in the residence, but she gives up her right of possession when she vacates ther home. Your brother should consider a suit for partition so that the interests of the parties can be decided by a court of law. He should consult a real estate attorney who can advise him of his legal rights and obligations.

Scott R. Jay, Esq.

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Answered on 5/28/07, 9:33 pm


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