Change locks?

[Annibale]

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

My husband and I are separating, and he's moving out. Once the separation agreement is in place, can I change the locks on our house? His name will remain on the mortgage until the divorce is final, but he will not be contributing to the payment.

Thank you!

 

[LdiJ]

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

My husband and I are separating, and he's moving out. Once the separation agreement is in place, can I change the locks on our house? His name will remain on the mortgage until the divorce is final, but he will not be contributing to the payment.

Thank you!

If the separation agreement awards you possession of the house, and orders you to make the house payment, then yes, you are perfectly free to change the locks. You can even change the locks as soon as he moves out, but you cannot deny him access to the house until the judge has signed off on the agreement.

If there is any kind of serious hostility going on changing the locks so that you cannot be "surprised" may be the safer course.

 

[mistoffolees]

If the separation agreement awards you possession of the house, and orders you to make the house payment, then yes, you are perfectly free to change the locks.

If the separation agreement awards OP possession of the house, she can change the locks regardless of who is obligated to make the house payment.

 

[LdiJ]

If the separation agreement awards OP possession of the house, she can change the locks regardless of who is obligated to make the house payment.

Yes, of course, that's correct. I had a reason for stating that the way that I did and now I cannot remember what that reason was.