Legal Question in Family Law in Rhode Island

locks changed on door

My ex-boyfriend changed the locks on the doors of a property that we jointly own. He will not give me the keys. What do I have to do to get access? Do I need to get a court order to make him change the locks back?


Asked on 10/12/07, 12:50 pm

1 Answer from Attorneys

David Slepkow Slepkow Slepkow & Associates, Inc.

Re: locks changed on door

If you own the property, he has no right to deny you access to the premises! If there is a restraining order that he has against you then you need to stay away from him and the property.

You have the right to go to the property and change the locks. He cannot legally stop you from going onto your own property unless he has a restraining order, court order or no contact order.

Be very careful, because attempting to access the real estate could provoke a violent reaction by him. It also could provoke him to seek criminal charges against you or seek a restraining order against you. You may want to apprise the local police of your situation.

If there is any domestic violence please consult a Rhode Island Lawyer/ attorney to see whether you qualify for a restraining order.

If you have a child with him you may be eligible for a Family Court restraining order if there has been domestic violence.

I suggest that you consider forcing the sale of the property by filing a legal action called a partition case.

A partition case is a legal action in which boyfriends and girlfriends or others who are not married can legally divide Rhode Island Real Estate.

In a partition case you can ask that acommisioner be appointed by the Rhode Island RI Superior Court.

A commisioner will sell the property and then put the money aside in a separate account. The Court then will divide the proceeds between the owners. You will need a Rhode Island lawyer to file a partition case.

Please do not hesitate to call me for legal advice.

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Answered on 10/16/07, 1:53 pm


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