Legal Question in Family Law in Massachusetts

Spouse changed locks to marital residence

I found out my husband of two years is having an affair. He said he wanted a legal separation. He refused to leave the marital residence but continued the affair. I left to stay with a friend but ALL my belongings are still in the home. I have my key and go in periodically to get my mail, some clothes, etc. Recently he changed the locks, gave his girlfriend a key and she's practically living there. I cannot access my home or my things. Is this legal? The police say there is no crime since he owned the condo prior to the marriage and I'm not on the deed. They say its a civil or landlord/tenant matter. I've lived there for three years and we've been married for two! Nothing has been filed and no lawyers have been retained.


Asked on 7/18/09, 4:05 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Spouse changed locks to marital residence

I think it is the time to file in court.

Functionally, it is a marital residence and you should have access. If he denies it, you will need to file an action to get access and determine your rights.

If you need personalized assistance, contact me.

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Answered on 7/19/09, 10:12 am


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