Legal Question in Civil Litigation in Maine

Re: domestic?

Your question raises many issues. I am assuming from your query that your husband is a joint tenant with you on the property, that is, his name appears on the deed with you and you own in jointly together. If that is the case, then he never "abandons" the property. His ownership will never legally lapse simply by his living elsewhere. Simply put, unless he is willing to convey his one-half interest to you through a deed, you will always own it jointly.

Having said that, if no divorce has been filed, you also own an undivided one-half interest and certainly have the right to change the locks if you choose to do so, just as he would. Be forewarned, however, that he may simply break in as there is no law prohibiting someone from breaking their own window or door.

If you want to finalize your rights, and the two of you are no longer living together, it would seem that the most straightforward route would be to either file for separation or divorce. The ownership of the real estate would be settled in either action.

If you have any questions, please do not hesitate to contact me.