When can I change the locks?

[Cross Hair]

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

Wife moved out in Nov., divorce was final on Feb. 4th, house is still in both our names until my new mortgage is approved(30 to 60 days). I was told while we were separated I couldn't change the locks but what about now that we are divorced? She has been in the house twice this week while no one was home, I have asked her to stay out but she always has trouble with boundries. She isn't taking anything that I see and claims to just be picking up her mail and playing with the dog. This issue wasn't adressed in our divorce decree, except I was given six months to buy her out.

Thanks

 

[TinkerBelleLuvr]

You are saying you weren't give exclusive use of the house?

 

[Cross Hair]

This was a dissolution and we did all the paper work ourselves after each meeting with two attorney's. It is written in the decree I would be keeping the house. The issue of her access to the house after everything was final just never came up, I just assumed she would stay out, silly me. It's nothing I would go back to court over unless she started removing things, I just don't like her there looking around.

 

[TinkerBelleLuvr]

Tricky, tricky:

1. you aren't married anymore, so it's not technically the marital home
2. she left, so it's not like you are locking her out

3. I take it she is still an "owner."

Well ... you could change the locks. When she protests, tell her you will trade keys - keys to her place for keys for yours. See what she has to say. Have a USPS moving form ready for her to fill out so that gets rid of the "mail" excuse. Agree to forward any of her mail that does come to her new address.

Worse case, she gets a copy of the new keys.

 

[TinkerBelleLuvr]

PS - you need a quit claim deed (or whatever that is called) that releases her claim to the property in order to refinance - do you have it yet?

 

[LdiJ]

This was a dissolution and we did all the paper work ourselves after each meeting with two attorney's. It is written in the decree I would be keeping the house. The issue of her access to the house after everything was final just never came up, I just assumed she would stay out, silly me. It's nothing I would go back to court over unless she started removing things, I just don't like her there looking around.

If the divorce decree states that you are keeping the house, and the divorce is final, then you can change the locks.

 

[Ohiogal]

PS - you need a quit claim deed (or whatever that is called) that releases her claim to the property in order to refinance - do you have it yet?

That will be handled at the closing of the refinance.

 

[mistoffolees]

That will be handled at the closing of the refinance.

Well, it SHOULD be handled at the closing. Lots of people jump the gun and sign the quit claim before they're off the mortgage - leading to number of the problems reported here.

 

[LdiJ]

Well, it SHOULD be handled at the closing. Lots of people jump the gun and sign the quit claim before they're off the mortgage - leading to number of the problems reported here.

So true....