Full question:
My husband and I have decided to divorce real recently. I am currently living in the house until we both see lawyers. He has came over while I am gone that are my property. Is it illegal to change the locks on the door since he has willing left. I don't mind him taking some of his things but some of it is marital property and until we see a lawyer
- Category: Divorce
- Date:
- State: Illinois
Answer:
Usually each spouse has as much legal right to be in the home as the other, until a court orders a spouse to have "exclusive possession" of the matrimonial home, or one spouse agrees to move out. Simply not wanting to live with your spouse isn’t sufficient grounds to lock him or her out of their home. However, if you have grounds to fear immediate violence, it may be reasonable to lock your spouse out until the police can be contacted and a restraining order obtained. Emergency, temporary court orders can be obtained in extreme circumstances.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
