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.


Asked on 4/20/10, 7:14 am

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

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.

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Answered on 4/25/10, 1:54 pm


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