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Can I change the locks?

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Dana13

Guest
What is the name of your state? Massachusetts

My husband and I are in the process of filing for divorce, but we aren't yet. He has been living in another town for about 3 months. His name is still on the mortgage. I would like to change the locks because I don't trust him. I beleive he will try and take stuff while I am not there. Do I have the right to change the locks and not provide him with a key? Thanks.
 


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Hailey'sMom

Guest
No, you don't. You haven't filed for divorce for one, not that it matters even if you have. His name is on the mortgage too. My stbxhusband kicked me and my 8th month old daughter out of the house. I only left because I was afraid. My name is still on the mortgage, and I can legally go in the house. I don't because I gave my key back to him. If I wanted though I could still legally break a window to get into the house. That is what my lawyer told me.
 
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Dana13

Guest
Thanks. Can I have him sign an agreement stating he will not enter the premises without my approval or an agreement stating I can change the locks and not provide him with a key??? Is there something I can do? Could I get an alarm system and not provide him with the code? Anything? Is there any way around this? I don't trust him. What if he starts taking things from the house without my approval, i.e. camcorder, computer.... I just have to let him? Can I report them stolen?

Dana
 
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Hailey'sMom

Guest
You should get an attorney and file for divorce. Then your attorney can draw up a divorce decree, put in it what you are each entitled to as property, TV, computer ect. After it is signed and agreed upon, then if he takes something that is not in the decree it will not be legal. You can try in the divorce decree have it said that the locks will be changed and he will not be given a key, if he agrees to it. The only sure fire way is to get his name of the mortgage by refinancing or selling the house.

Good Luck!
 

kidoday

Senior Member
Hailey's mom you are incorrect. She has the right to change the locks just as he does. They both own the house. Until his name is off the mortgage he can come into the house any time he wishes, through a window, broken door however.

Poster I went through this as my ex was grocery shopping in my house every week.

What you need to do immediately is get the divorce started stating, crap my mind just went blank on the legal term, basically everything in the marital home will stay until divided up equally. This way when he does take things he gone against the temporary court order.

I suggest you taking a video camera and video taping the entire house and belongs. Make sure you have this on regular camera also. Do not keep these things at the marital home but with someone you can trust. You will definately need these at a later date in case he doesn't follow the temporary order.

Good luck.

Do a search on my user name and you will see some of the advice given to me regarding this situation.
 
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Hailey'sMom

Guest
You could change the locks, but it would not do any good because he can get in the house with breaking a window ect. Yes you can change the locks, but it's not going to solve the matter. That is what I meant.

Good Luck!
 

kidoday

Senior Member
No, it isn't going to stop him. My ex crawled through the windows and made an extra key from the one I had given my daughter. I changed them again, and locked all the windows.

It won't stop him, it just slows him down. I don't know what type of ex she has, but most won't break the window to get in. Hopefully she lives in a community area where the neighbors can help keep an eye out for his comings and goings. I wasn't that foturnate.
 
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Dana13

Guest
Thanks everyone, I do live in a nice community and my neighbors are great and have been looking out for me. But, it's alot tougher when your ex is a police officer in the same town. I am still waiting to hear back from my attorney. I am hoping she can draw up something in regards to him not being able to enter the house if I am not there and/or not being able to take any assets from within the house. When he files for divorce then I will let him have what he wants, until then, he gets nothing. When he left he told me he only wanted to take 2 things - a tv and his playstation. That's what he got. Now he can wait until the divorce. Thanks again.

I will search your sites, kidoday.

Dana
 

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