Lock Change

[OhWhatADay]

What is the name of your state? MD

My husband filed for divorce, but has not had me served yet. Can I change the locks? He has moved some things out of the house, but has more stuff to move. The house is premarital property with only my maiden name on the mortgage and deed.

 

[CourtClerk]

No, you cannot illegally evict your husband from his home.

 

[fairisfair]

there is no law that says that you cannot change the locks. However, you also cannot keep him out of the marital home, whether or not you might own it.

Is there some reason (other than "chickitis", of which I sometimes suffer myself) that you wish to keep him out?

 

[Silverplum]

What is the name of your state? MD

My husband filed for divorce, but has not had me served yet. Can I change the locks? He has moved some things out of the house, but has more stuff to move. The house is premarital property with only my maiden name on the mortgage and deed.

No, you may not change the locks.
And I sincerely doubt the house is still yours alone.

 

[LdiJ]

No, you may not change the locks.
And I sincerely doubt the house is still yours alone.

The house is still hers alone, however her husband may have a marital interest in the equity that accrued during the marriage. That does not change the fact that its her property alone.

As fair said, you can change the locks, but you can't keep him out unless he is gone long enough to establish that he left voluntarily.

Be as cooperative as possible with him getting the rest of his belongings, and hopefully he won't have any interest in coming back into your home.

 

[OhWhatADay]

He has stayed a night away from home a few times before when he was angry. He would come into the house at 4 am and walk around in the dark to "see if a man was in there". It's kinda creepy. I want him to get his things - all of them. I don't want to keep anything from him that actually belongs to him. It's like being on a ferris wheel that doesn't turn in a circle. A sick game. He's moved stuff out a little at a time since July of this year. He told me on Saturday that he was leaving and probably wouldn't be back. He has some stuff packed in the living room that has been there for a few months - either waiting for the right time to really move them or to prove a point to me and show that he really will leave.

 

[Silverplum]

It's still likely not "hers alone." Do you think she's actually ready for technicalities right now?

 

[LdiJ]

It's still likely not "hers alone." Do you think she's actually ready for technicalities right now?

I don't want her to misunderstand you and think that perhaps the judge could award the house to him...or anything like that. The judge cannot because its solely her property.

 

[TinkerBelleLuvr]

He's moved stuff out a little at a time since July of this year.

We are talking 6 months here ... has he been staying somewhere else all this time?

 

[OhWhatADay]

We've been arguing a lot since July - actually before. He'd get angry and go stay 'at his mother's' and come home the next day. In the meantime, he'd slip into the house in the middle of the night and walk around to be sure that I 'don't have another man'. I just don't want to deal with that anymore.

As far as the house goes, it's still mine - technicality or not. I'm no lawyer, but if I understand what I've read correctly - the judge does not change the title on premarital property during property division. The title and deed have remained unchanged since 1994 and I have payed the mortgage and home equity line from my salary - all of which can be documented. He went through this phase where he knew he couldn't demand half the value and told me that I should put his name on the deed if I want to be fair. I think he's lost his mind, but that's another story. (Why would you tell someone you want a divorce, cuss them out, call them names, not come home, come home late, demand sex, get agressive in sex... then want someone to give you half on the way out the door?) He hasn't been gone for 6 months, he's been saying he's leaving for 6 months. He's been taking things out of the house for 6 months. He looked for a job out of town, interviewed for it before he even told me about it. This whole thing has become very toxic.

 

[Silverplum]

As far as the house goes, it's still mine - technicality or not. I'm no lawyer, but if I understand what I've read correctly - the judge does not change the title on premarital property during property division. The title and deed have remained unchanged since 1994 and I have payed the mortgage and home equity line from my salary - all of which can be documented.

Okey-dokey. It's not like you made THAT clear initially. Perhaps you keep the house. But then he keeps everything HE ever bought.

 

[TinkerBelleLuvr]

How long have you been married?

 

[OhWhatADay]

3 Years

Silverplum,

Well, again, if I understand what I've read correctly, those things purchased during the marriage with marital property (salary - not gifts, inheritances) are property of the marriage. He's already saying what you are - I bought it so I can take it. That's nice, but if I have to consider that he is possibly due a share of the equity that accrued during the marriage even though he never put one red cent toward the mortgage or home equity line but enjoyed the benefit, why should he leave with the equity I have in the things he purchased? You've got to be a man

 

[Silverplum]

Well, again, if I understand what I've read correctly, those things purchased during the marriage with marital property (salary - not gifts, inheritances) are property of the marriage. He's already saying what you are - I bought it so I can take it. That's nice, but if I have to consider that he is possible due a share of the equity that accrued during the marriage even though he never put one red cent toward the mortgage or home equity line but enjoyed the benefit, why should he leave with the equity I have in the things he purchase? You've got to be a man

And you are obviously a SEXIST.

In your own favor, of course. If it benefits you to be the helpless woman, you would do it. It pleased you to keep the moneypots so separate during your so-called "marriage," so you can keep what is "yours." And, by all means, DO enjoy the benefits of what HE did for YOU.

 

[TinkerBelleLuvr]

Considering the economic issues of Michigan at this time, there may have been minimal equity built in the past three years.

for example, if the house was worth $100K 3 years ago, and is not worth $105K now, he would be eligible to receive 2.5K as his half of the equity.

Now, I'm sure that there were purchases that were made by both parties over the past three years. ALL of those would also have to be taken into account.

Were there also contributions made to retirement plans?

Back to the question the OP answered. You will need to file in court to have exclusive use of the house BEFORE changing the locks.