Abandonment/House

[jccc]

What is the name of your state (only U.S. law)? California

Spouse moved out of marital home in November, and took children with 1 weeks notice. Now lives in an apartment with said children but still comes and goes from the marital home as pleases eventhough there has been a statement stating they are currently residing in another residence...

Given this, can the locks on the home be changed to avoid the continuing harrassing and "showing up" whenever the mood strikes? Spouse is on loan and on title however, abandoned the home and moved out in November but is a control freak...

Thank you

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

Spouse moved out of marital home in November, and took children with 1 weeks notice. Now lives in an apartment with said children but still comes and goes from the marital home as pleases eventhough there has been a statement stating they are currently residing in another residence...

Given this, can the locks on the home be changed to avoid the continuing harrassing and "showing up" whenever the mood strikes? Spouse is on loan and on title however, abandoned the home and moved out in November but is a control freak...

Thank you

Nope. Spouse owns the house and it is spouse's home as well. You need a court order to prevent spouse from entering. Sue for divorce and ask for temporary sole possession of the marital home.

 

[Zigner]

Great answer OG - I think this was one of those set-ups trying to "prove" that men are treated differently than women.

 

[LdiJ]

What is the name of your state (only U.S. law)? California

Spouse moved out of marital home in November, and took children with 1 weeks notice. Now lives in an apartment with said children but still comes and goes from the marital home as pleases eventhough there has been a statement stating they are currently residing in another residence...

Given this, can the locks on the home be changed to avoid the continuing harrassing and "showing up" whenever the mood strikes? Spouse is on loan and on title however, abandoned the home and moved out in November but is a control freak...

Thank you

Nope, not until you take it to court for either a legal separation or divorce, and get a judge to order that you have sole possession of the marital home. Until that time, he or she has every right to come and go as they please.

You could change the locks, because its your house too, but the spouse could then change them again, or demand a key and you would have to give him or her a key.

 

[Ohiogal]

Great answer OG - I think this was one of those set-ups trying to "prove" that men are treated differently than women.

People need to realize that when it comes to family law men and women are normally treated similarly. The one time they are not is when a child is born out of wedlock -- reason being we know who the mother is by VIRTUE OF WHOSE UTERUS the child came from. Whose sperm is a highly different story.