Legal Question in Family Law in New York

After my spouse moved out (they have been gone since Dec. 1) can I change the locks on the house even though their name is on the mortgage. They keep coming in the house when I'm not there and taking stuff. Also they are giving no money towards the mortgage or child support.


Asked on 3/03/12, 5:24 am

1 Answer from Attorneys

Paula McGill Paula McGill Attorney at Law

You change the locks at your own risk.

You might consider taking a complete inventory of items in the house and pictures of those items. Don't keep the pictures or anything of value in the house. You might want to open a safe deposit box at your bank.

Next, file a legal separation that will establish certain things, including control of the house, child support and payment of joint debt. You might want to hire a local attorney to handle the separation. I recommend this route when the separation/divorce involves a house and minor children.

Also licensed and practicing in New York.

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Answered on 3/04/12, 4:50 am


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