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Babangel · Feb 9, 2013, 12:49 PM

I have told him to leave and he won't even though I pay all the bills and his puny ck maybe pays his car payment and insurance and gas. Emotionally I can't stand to be here when he's here. Im in a lease and I am not breaking it because of him, he justs needs to go. I will be officially filing for divorce this week. I have the money now to do so, but it does not bother him and he won't leave. What can I do?

Babangel · Feb 9, 2013, 12:52 PM

Is it legal to change the locks , as long as his name is not on the lease or the bills

AK lawyer · Feb 9, 2013, 01:50 PM

Ask the divorce court to require him to leave.

Yes, you could change the locks, whether he is on the lease. You are not his landlord.

ScottGem · Feb 9, 2013, 02:19 PM

Is he signed on the lease? In either case, this is the marital home and I don't believe you can have him removed until the divorce court orders it.

Nor do I think changing the locks would be legal. He can get back in by showing this is his home.

AK lawyer · Feb 9, 2013, 03:10 PM

Originally Posted by ScottGem

... Nor do I think changing the locks would be legal. He can get back in by showing this is his home.

Showing who, the police? No, they cannot adjudicate ownership. That is an issue for the courts.

And if he tries to show the court that it's his home, as OP wrote, it is not his.

cdad · Feb 9, 2013, 03:39 PM

Originally Posted by AK lawyer

Showing who, the police? No, they cannot adjudicate ownership. That is an issue for the courts.

And if he tries to show the court that it's his home, as OP wrote, it is not his.

If that has been his address and they live in a state that allows community property then she has no standing until the courts allow it. She is paying the lease with HIS money also. SO if he has identification that shows him living there he can break down the door and the police can't arrest him for it.

Mcsap9213 · Feb 9, 2013, 09:15 PM

The property is a marital residence and you CANNOT kick him out unless you get the court to do it for you. Filing for divorce means nothing. You each have a right to be there and no police officer is going to throw either of you out.

Changing the locks means nothing. He can just go to the management as a legal resident and get a new key.

Everything you own ( him too) is marital property and is jointly owned. I have seen one party clean the house out while the other was at work. The police get a " theft " report and can do nothing for these civil issues.

He can take your car and the police can do nothing. Half of it is his.

Fr_Chuck · Feb 9, 2013, 09:57 PM

Originally Posted by Babangel

Is it legal to change the locks , as long as his name is not on the lease or the bills

No of course you can not change the locks, please do not answer if you have no knowledge at all about the law

Fr_Chuck · Feb 9, 2013, 09:58 PM

You will have to file in divorce court for the judge to order who gets to live in the house and who gets to leave.

JudyKayTee · Feb 10, 2013, 09:37 AM

"He can take your car and the police can do nothing. Half of it is his."

Absolutely untrue.

Mcsap9213 · Feb 10, 2013, 10:13 AM

Originally Posted by JudyKayTee

"He can take your car and the police can do nothing. Half of it is his."

Absolutely untrue.

I was a Police Officer for 26 years and went to MANY domestic disputes. At least in PA and I suspect many other states , all marital property is joint property until there is a court order dividing the property or a written agreement disposing of it.

It was not uncommon for the husband to " steal " the wife's car during a domestic. She would want us to arrest him for theft. We simply could not do this as marital property is JOINTLY owned even if it is titled in one persons name.

Now he couldn't sell the car but he could legally possess it and there was nothing the police could do. It was half his.

ScottGem · Feb 10, 2013, 10:31 AM

Originally Posted by Mcsap9213

I was a Police Officer for 26 years and went to MANY domestic disputes. At least in PA and I suspect many other states , all marital property is joint property until their is a court order dividing the property or a written agreement disposing of it.

It was not uncommon for the husband to " steal " the wife's car during a domestic. She would want us to arrest him for theft. We simply could not do this as marital property is JOINTLY owned even if it is titled in one persons name.

Now he couldn't sell the car but he could legally possess it and there was nothing the police could do. It was half his.

I think the truth lies somewhere in between here without finding a specific cite.

Since cars are titled, if a car is solely in one partner's name, it may not be counted as marital property in most states. On the other hand, I do believe that, in most places, the marital home is shared until a court orders otherwise. This is true even in non community property states. Cleaning out assets and personal property would not be subject to a theft charge, but the partner grabbing the assets would usually be required to account for them to the court.

JudyKayTee · Feb 10, 2013, 06:29 PM

In NY the vehicle is owned by the registered owner. It doesn't matter who paid, who is married, who has a lien. My car registered in my name is my car. No question about it.

And in NY, yes, the Police will return the car to the registered owner.

Property is not "automatically" joint. That might be part of the divorce property settlement, but that is NOT how it starts.

A blanket statement is simply inaccurate.

Maybe in PA, not in NY and many other States.

This is a question to be answered by someone who went to law school.