i would ask your lawyer - but i will say when my stbx moved out - i had to file a restraining order and was told by my lawyer (two days after he moved out) to change the locks. turned out i didn’t do it soon enough as he broke in and took some of my stuff.
You really should to get a separation agreement in place but you can have the locks changed since you are separated. If you are separated then the house is your residence now, regardless that his name is also on the deed. You did not kick him out, he left. Let him know in writing, unless you are recording phone conversations, that he is not welcome to come to your home without your permission. Change the locks. If he shows up, call the police.
I do not know what the answer is to filing. I know in NC you have to be a resident at least 6 months and one year one day separation is required to file for absolute divorce. You should really talk with an attorney.
Looks like a case of abandonment to me, in which case I would think you have a perfect right to change the locks. Read what they say on here about the consequences of abandoning a spouse.
I moved to NC with my husband of 5 years. No family or friends here…just us. About a month ago, he said that he no longer wanted to be married. He moved out of OUR house and in with his new girlfriend. The house is in both of our names. Since he is moved out now, I really don’t like him having access to the place where I reside. Is it lawful for me to change the locks with his name still on the deed? I know that he is on some body building supplements which make him a very angry person. I don’t think that he would ever hurt me, it’s just that he has access to me and the house whenever he wants. I really just want some advice on how to handle this. The other questions is, being that he left , do I have to wait the 1 year to file? I will be moving back to CA, can I just wait the six months there and file?
Thank You!