Legal Question in Family Law in New York
can I change the locks if my spouse does not come home in more than 60 days. My spouse has been home only 3 times in that last 90 days. He only came the 3 times that he did to get clothing and pays bills.
1 Answer from Attorneys
You can change the locks but if your spouse decides to enter and is blocked, he is within is rights to have a locksmith come and open the door or even brake a window to reenter a house that he is part owner. If you wish to bar him from the house you must bring an action in court, either a divorce proceeding that you request exclusive use and occupancy of the home from the court or a Family Court proceeding for a family offense if one exists. Do not attempt to bring a family offense proceeding if a family offense does not really exist. If you attempt to fabricate a claim you will face criminal charges.