Separation/husband moving out


(Brittany) #1

My husband and I currently own are home and are both paying the house payments. However, he moved out about 2-3 weeks ago and moved in with friends. There is no legal documentation of him moving out. My question is can I change the locks since he moved out. I worried about him coming to the house without me being here and taking mutual items.


(Tony) #2

You should look at these two videos.
https://www.rosen.com/property/pvideos/keep-spouse-out/
https://www.rosen.com/property/pvideos/how-do-i-get-my-spouse-out/
This should answer your questions.


(Anna Ayscue) #3

Yes, since there has already been a separation and your husband moved out, it is okay to change the locks. You should also notify him that you do not want him back on the property.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.


(Edwin Folger Vaughan) #4

I moved out of the house in Dec. 2015 but never filed a separation agreement. Is a lease proof that can be used when filing a separation agreement and how do i go about filing one ??


(Anna Ayscue) #5

A separation agreement is not filed with the courts. It is a voluntary contract between Husband and Wife.

In order to get a divorce (called an absolute divorce), then you can testify under oath as to your date of separation and that will be sufficient to prove the date you and your spouse separated.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.