My husband and I own two homes in two different states just recently he changed the locks on the second house. Can he legally do this without my knowledge? I asked him what he was doing at the house, and he said he was just checking on things. Do I legally have the right to call a locksmith and enter the home? He hasn’t mentioned he wants a divorce, but all his actions tell me differently. At this point, I do not believe he has contacted an attorney, but I just want to make sure I go about things properly.
If title to the home which you refer to is in your name, whether the title is held in your name only or jointly with your husband, you have every right to have access to such home. If title is held in his name only, then the issue becomes more complicated.
In the event of a divorce, if the property was acquired during the marriage from money earned during the marriage, it will be considered marital property. Depending on which state you are living in, you should have a 50 percent interest (approximately) in such property whether or not your name is listed on the title.
If you a living in the New York City metropolitan area, I strongly suggest that you call me to discuss the matter at greater length and to consider mediating your divorce, should that the necessary.
Leonard M. Weiner, Esq./Divorce Solutions