Shelby, NC asked in Divorce for North Carolina

Q: Wife abandone'd me week before thxgiving.living with her mother can I change locks on house to keep her out of house

House loan is in my name she maybe on deed of truat. She has been comunicating with another man since sept i have 100s of texts and calls..which multiplied greatly the day she left..do I have to notify.her before i change them?

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: The short answer is yes, you can change the locks. You own the property - you can do with it what you wish. Lawyers prefer that you not change the locks unless your spouse has indicated to you that she is leaving with the intent not to resume the marital relationship and you can prove it or if she has not indicated that intent to you, that you send her a letter (preferably certified) that states you consider her abandonment permanent and that she is not to return or words to that effect. Neither of these things is required for you to change the locks but it is preferable. However, she also owns the property or at least has a marital interest in it, so if she wants to break into her property, there would likely be nothing you can legally do about it unless you have sent a 'domestic trespass letter' and can prove she received it. Your best bet instead of bumbling around trying to figure out what to do on your own is to consult with a local family law attorney attorney.who knows exactly what you should do and can help guide you through this.

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