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legal question..

Husband moved out of his own free will, but refuses to knock before he comes in, and refuses to give me his key. and refuses to move out ALL of his things. his name is still on the lease. am i within my rights to change the locks? and to bring his belongings to his mother's.

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mhaney03

Asked by mhaney03 at 8:34 AM on Jun. 5, 2010 in Relationships

Level 17 (3,320 Credits)
Answers (6)
  • I believe so. If he is no longer leaving with you, why would he keep the keys? So men do that so when you are in the process of divorcing they will deny that they had left because if they leave the house THEY have a lot to lose. You can claim that he abandoned you ( and if you have a child it is even better), you have more chances you getting alimony, child support and others. I am not an expert of course, so try to talk to a lawyer if you can.
    Anonymous

    Answer by Anonymous at 8:45 AM on Jun. 5, 2010

  • Not as I understand it, you're not. You have to have him legally removed from the lease - either through the court or the landlord. THEN you have to notify him LEGALLY (as in certified letter) and I think you have to give him reasonable time to remove his belongings.

    Now on the other side --- if you're not worried about him coming after you legally - get the landlords permission to change the locks and take his crap to his momma's house - but be prepared to take FULL financial responsibility for the apartment before you do it.

    In Texas - as long as his name is on the lease (AND you don't have legal proof he's been removed by a court) - then it is a common dwelling and he has the right to get inside however he sees fit or necessary.
    ItsNotSoBad

    Answer by ItsNotSoBad at 8:46 AM on Jun. 5, 2010

  • Instead of changing the locks, why not ADD a lock that only you have the key too! Then he'll HAVE to knock or ring the bell before entering! LOL :o)
    LoriKeet

    Answer by LoriKeet at 9:01 AM on Jun. 5, 2010

  • If he gave his "notice' and told you he was leaving and moved out as of a certain date then he's like every other renter, he moved out and yes you can take his things to him. To be official I'd send a certified letter telling him that his move out date was (fill in blank) and that you are giving him 30 days from that date to get the rest of his things or they will be taken to his mother's and the locks will be changed. If he is receiving his mail somewhere else then that is his new residence. Since laws do vary from state to state it wouldn't hurt to call a family law attorney (or legal aid) and ask. You may be able to find the law online. I'd treat him like a renter and go by the Tenant - Landlord Act. You may be better off just moving and getting a place in your name only. If you do that, I'd leave his crap. I'd also tell the landlord (by letter) that he no longer resides with you.
    admckenzie

    Answer by admckenzie at 9:06 AM on Jun. 5, 2010

  • check with your local constable and police - sometimes the police have a contact for family issues - to help with referrals, etc. you could discuss with the landlord and let them decide - they should know the laws... if he has established residency elsewhere (signed a lease, forwarded his mail, etc.) this may automatically rescind rights he might otherwise have...
    figaro8895

    Answer by figaro8895 at 9:29 AM on Jun. 5, 2010

  • call yyour local police and explain to them whats up, then call the landlord and explain. if landlord says you can change the locks or add one-do it. he would have to take you to court to get back in. the cops will maybe let him in to get stuff but if its gone, whats the point? good luck mama.
    Bearsjen

    Answer by Bearsjen at 10:28 AM on Jun. 5, 2010

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