Legal Question in Family Law in Michigan
Morgage property
Our divorce is not final yet. Both of our names appear on the title of the house. She has moved out and I have changed the locks on my house. She is demanding a key because her name is on the title. Is it legal for me to change the locks and not give her a key ?
2 Answers from Attorneys
Re: Morgage property
If she has voluntarily moved out, you can change the locks and prevent her from returning. If she wants to have access, she can go to the judge and explain why she should have access to the property that she voluntarily vacated.
Re: Morgage property
Your question leaves out some important information such as do you have an "exclusive occupancy" order, or some other form of interim order granting you sole right to the joint property entered? I will assume that you do not (since you did not mention it). In this case, your spouse will have an equal legal right to the property (which includes the right to enter and occupy). This is something that may be easily cured, but absent an agreement between the parties, an hearing would be required.