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    schwartzy54's Avatar
    schwartzy54 Posts: 1, Reputation: 2
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    #1

    Apr 5, 2010, 07:40 AM
    Locked out after leaving marital home
    I removed myself from a joint owned home and my husband changed all the locks is this legal in NYS? I haven't packed my belongings yet but at this point I have filed for a divorce
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Apr 5, 2010, 07:49 AM

    Hello s:

    It's not a good idea to piggyback your question on top of somebody else. I understand the site isn't exactly clear on the subject. Maybe somebody will come along and move it.

    No, it's NOT legal. You are an OWNER. What's important, though, is what you want to DO about it. You certainly don't want to move back in, do you? If all you want is your belongings, call the cops and ask them to escort you when you pick your stuff up. They will.

    Certainly, your divorce lawyer will look out for your rights from this point forward.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Apr 5, 2010, 08:23 AM
    Quote Originally Posted by schwartzy54 View Post
    I removed myself from a joint owned home and my husband changed all the locks is this legal in NYS? I haven't packed my belongings yet but at this point I have filed for a divorce

    Your divorce Attorney should be the person answering this BUT it depends on the circumstances. (I am also in NYS so this is not unfamiliar law to me.)

    If you removed yourself from the house your husband CAN have the right to change the lights because you no longer live there. He isn't denying you access; you chose to leave.

    It depends on what you said when you left.

    My personal experience - my "ex" removed himself from our marital home. I changed the locks. From that point on when he needed/wanted personal belongings he had to make arrangements with me to pick them up. Once he left he was legally gone.

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