Legal Question in Family Law in Illinois

Divorce Entitlements

My husband and I are considering divorce. We purchased a home in November of 2000. My husband is trying to force me out of the home by changing the locks and denying me access to the home. He has not lived in the house since December of 2000, and has only paid 2 months of mortage. I cannot afford the mortage on my own, and I am willing to sell the house to repay the loan. My daughter and I live in the home and at the moment have no place to go. I have told my husband that it will take time to find an apartment and he cant lock me out to the house. Legally can he do this, and if he does what can I do about it. Both of our names are on the mortage.


Asked on 4/23/01, 12:54 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Divorce Entitlements

Generally speaking, assuming that you are both named as owners on the deed, each of you has the legal right to access. As a practical matter this means that either one of you may change the locks, and if one of you does so, the other one can change them again and so on. If your husband tries to force you and your child out of your home, it is likely that a court would consider that against him either as grounds for the divorce or as evidence of marital misconduct. I would suggest that you hire an attorney to advise you regarding the possibility of obtaining a restraining order or a temporary order granting you custody of your child and possession of the marital home pending sale or other disposition in the divorce.I strongly suggest that you seek the advice of competent and experienced legal counsel in the county where you reside as soon as possible. If you are not already represented by legal counsel, you may call me for a free telephone consultation at 314-727-2822. Good luck.

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Answered on 6/21/01, 8:51 pm


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