• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

can i change the locks?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Leanne88

Junior Member
What is the name of your state? Alabama
can i legally change the locks on the doors if my current husband has left? he has been verbally, emotionally, and somewhat physically abusive. i have asked him to contact me when he would be there, but i can't guarantee that he will do it. most of his things are there and he will have to pack them up.
 


LdiJ

Senior Member
What is the name of your state? Alabama
can i legally change the locks on the doors if my current husband has left? he has been verbally, emotionally, and somewhat physically abusive. i have asked him to contact me when he would be there, but i can't guarantee that he will do it. most of his things are there and he will have to pack them up.
Personally, I would. This is a time when tempers are running high, and erring on the side of safety is wise. However, at the same time, you MUST be cooperative with him getting his belongings.

Everyone else will tell you that its the marital home, and that legally you cannot keep him out if it until you take it to court and ask the judge to order that you have sole temporary possession of the home.
 
i was told a person can't illegally break into their own home, if i changed the locks, he could find a way to enter and there was nothing i could do. (texas)

the day i filed, and order was signed with me having temp. poss. of the house. i left the court house and went to lowes changed every lock even ones he didn't have keys too.

before that i would check the drive way or have a neighbor call if i should not go home. he was usually okay when he came by if we were home because the kids where there. but he used our home as a closet and locker room when i was at work for his self and new girlfriend.
 

tuffbrk

Senior Member
What is the name of your state? Alabama
can i legally change the locks on the doors if my current husband has left? he has been verbally, emotionally, and somewhat physically abusive. i have asked him to contact me when he would be there, but i can't guarantee that he will do it. most of his things are there and he will have to pack them up.
Can you define "left?" As in - has he established a new residence somewhere else?
Are you renting or are you a home owner?
Whose name(s) are on the lease/mortgage?

AS Ld stated - the marital premises require a judge to order sole possession to one party or another - if the courts deem that to be appropriate. However, if you are renting and his name is not on the lease - at least you wouldn't have landlord issues or damaged property belonging to the landlord on top of everything else!

If he voluntarily vacated, I would change the locks. I'd also go to the grocery store, obtain boxes, very neatly pack his belongings and then advise him you'll be putting them outside the door at a time that is mutually convenient for both of you. And I'd have someone with me when the time came to stack them outside the door to prevent any potential violence from occurring.

Again, however, legally the marital premises "belong" to both of you until a court states/orders otherwise
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top