Is it legal if I'm getting a divorce that my wife changes the lock on the house...?

Misha

Ok. I'm not sure why you agreed to pay for half of the mortgage. Are there children involved here?

Anyway, it's not legal. As others have said you can get the police, show them that your name is in fact on the deed and get whatever is yours out of there.

As long as your name is on the bill you are required to pay it. And it might even be more than half depending on whether or not she contributes. You might be stuck paying the entire thing or have your credit rating go down the drain.

The other thing is that you can go for a quit claim. If she can't pay the entire mortgage herself then the house must be sold and you split the profits of the sale. This will get your name off of the mortgage.

You could also apply to get the entire mortgage in your name. Then you can allow her to live there paying rent. Along with the regular lease that you have her sign. That way if she doesn't pay then you can take her to court for it. Or you can evict her and live there yourself. Or you can lease it out to other people.

Really, though...get an attorney. Something isn't right with this scenario.

Taimeen

It is legal for her to change the locks. It is illegal for her to try to force you out of the house if there are no legal judgements saying you must stay away, such as a restraining order or other judges orders. So it would not be illegal for you to call a locksmith to let you into the house, although this seems somewhat petty, I've known people to do it. Your best bet bring her back to court and explain that she is not holding up her half of the agrement by paying half the mortgage, so she should either reimburse you or maybe she leaves the house and gets an apartment and you take over the mortage payment and move back into the house. Good luck cuz I know what a pain this could be!

kimmeyjean

actually my sister had the same issue, it is illegal, she cannot change the locks IF your name is on the mortgage, it doesn't matter who is paying for it... if you contact the police department of your town the should advise you the same... and they can accompany you if you need to get things from there... just to prove to her that you don't want any trouble.

panda bear

sorry for you, but yes it is, and to make matters worse, if she decided she couldn't afford any of the mortgage you would be responsible for the whole thing until your divorce is final. So be nice, till its over for good!

Terry

If you are on the title of the property, it is yours as well as hers. You could legitimately call a locksmith and have the locks picked, or break a window and gain access.

However, if you are in the middle of an acrimonious divorce, you should put up with the situation for now, until a proper solution has been worked out by your lawyers.

As to the mortgage - this is a contract between yourselves and the mortgage company. If you are on the note, then you must continue to pay it, or pay off the balance on the note. If your wife is also listed on the note, she must pay half.

spy_vs_spy_vs_spy

yes she can. if your not currently living there and are not on title then you cant change them back. Let her have her privacy and continue with your divorce.

Shaft

You should not have changed the agreement. If she can't afford the house, she should move to something she can afford.

Consult your lawyer and get this fixed. You shouldn't have to pay for half of a house that you can't use.

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allamericandoll

Yes it is illegal if you have belongings in the home in which you need to collect. You should contact your local police department as well as your divorce attorney. As far as your mortgage goes, if your name is on it, then yes you still have to pay regardless if you are a resident or not.

Crazybird

As far as I know you don't have the right anymore to go in. Check with your lawyer coz you could be in trouble if you keep trying.

Buff

no....
I found out the hard way that my ex-husband had the same rights to the house that I did until the divorce was final and the assets were either split or the house was sold.
He was a slimeball that went in and moved all my things out into the garage while I was gone out of the country.
Please just try to be decent with your ex and find out for sure what your rights are. If you can access the house legally, please give her notice...even if she doesn't agree, at least you gave her notice.
Best wishes and God Bless!

zombiefighter1988

If the court has ordered it, then you are screwed. Best o just refuse to pay and move outta state.

kja63

Her house, her locks!

Your lawyer should be answering these questions for you.

Livin' La Vida Gay

Despite who pays the mortgage, if the house was included in the settlement then there's nothing you can do at all. She has all the right to change the locks if she feels like so and even more if she has proofs that you took some of her stuff away.

noseyroseysillywillie

it may be a good idea to ask a lawyer your questions...however if it was ordered that you pay half then you must do so...and since it is her house and not yours i am guessing that she can change the locks and do whatever else that she wants to the house...like i said however if you have doubts or questions contact a lawyer if you want to spend the money on a question about locks!!

you going in her house and looking in her stuff isnt legal either may i add it is a invasion of privacy!!!

ekdikeo69

Get an attorney, but hell no, you don't have to move out.
House, apartment, doesn't matter. That is your home as well as hers.
Move back in while she is gone, and then file a restraining order against her

TJ815

definitely not legal. if your paying for it and you have proof of it, its just as much your as it is hers

amosunknown

If your name is on the loan, and your name is on the deed, then you are also an owner of the house, and have simple rights... like access.

I believe though, since she's living in the house, it becomes like a rental agreement, of tenant in land lord. In the sense that you cannot enter the house without permission and justifiable means and warning.

strike_eagle29

YOU PAY SHE PLAYS. WHAT PERSON IN THEIR RIGHT MIND WOULD AGREE TO SOMETHING LIKE THAT. SHE HAS EVERY RIGHT TO KEEP YOU OUT . IT'S HER HOUSE YOU JUST HAVE TO PAY FOR IT AND HANDLE IT. THE NEXT TIME TO GO OVER MAKE SURE YOU BRING SOME BEER FOR HER NEW BOYFRIEND THAT IS SITTING ON YOUR COUCH WITH HIS FEET ON YOUR END TABLE.

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