Changed Locks


#1

If the separation agreement permits it, or you are there to visit to minor children, you may be there.

Otherwise, you may not. Whether or not your name is on the deed is immaterial.


#2

If you moved out to another residence and he changed the locks, the you may be subjected to prosecution under Domestic Criminal Trespass if you reenter the residence without his consent. Technically, he has to tell you not to come back to the residence in order for you to subject to criminal liability, however he may be able to successfully argue that changing the locks is an indication he does not want you to return. In my opinion, it is not worth the risk.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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Charlotte, NC 28262
Main Phone: (704)307.4600
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ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

My husband and I have been separated for 9 months. A couple of weeks after I moved out, he changed the locks on the house and did not give me a key. Do I still have a legal right to enter the residence with out him being there? I have a key which my son gave to me. My name is still on the deed of the house.