Washington, DC asked in Divorce for District of Columbia

Q: My wife and I are separated and my name is on the mortgage and deed while her name is on deed only. What are my rights

She also have keys to the house and she is not trying to give them. Can I change the locks.

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1 Lawyer Answer

A: For now, you have the right to stay in the house and so does she. When you get divorced, the court will divide the house and all other marital property unless you and your wife come to an agreement on the division of the property. Because she is legally on the deed, you cannot change the locks. However, if she is not living at the house you can protect yourself by locking up certain areas of the house when you go to work, etc. This will protect you and your possessions if she enters the house while you are not home. I would suggest you take anything that is exclusively yours, and either remove it from the house or lock it away inside of the house.

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