Eviction Must Be Legal
As an owner of the home, you can change the locks if you choose. However, this doesn't change your husband's right to occupy the home -- or even change the locks back -- if he shares ownership with you. This is true regardless of whose name is on the title or lease, or which one of you makes the mortgage or lease payments. Regardless of the state in which you live, the law requires that you legally evict your spouse. If you are afraid for your safety or that of your children, perhaps because of a history of domestic violence, you can obtain an order of protection, also known as a restraining order. This will bar your spouse from returning to the home, giving you exclusive use and possession of it. If you plan to divorce your spouse, you can ask the court to grant you exclusive possession of the house. You can make this request at the beginning of the divorce proceedings. If granted, the court will issue you a temporary order of possession until the divorce is granted and the matter is permanently resolved.
- joingate/iStock/Getty Images