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At What Point Can You Change the Locks on the Marital Home

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  • 12-30-2017, 12:16 PM
    Taxing Matters
    Re: At What Point Can I Change Locks
    Quote:

    Quoting budwad
    View Post
    Y

    So it's not about a simplistic view of the law that I have or a tendency to be pennywise when it comes to getting advise from an attorney. Not everyone can afford the fee to get the advise and there is no guarantee that the information will be of benefit. And let's again face it, being an attorney is as much about running a business as it is in serving the public. All you have to do is watch the barrage of all the TV commercials from law firms soliciting business about every cause of action there is.

    Not having the money to pay an attorney is a different issue from whether it would be wise to seek advice from an attorney. Fearing that you might get a bad attorney is also a different issue from whether the situation warrants getting advice from a (competent) attorney. Perhaps your bad experiences with some attorneys has colored your view of attorneys generally such that you distrust them or think they are best avoided. That would be unfortunate. What I will tell you is that I have seen a number of clients through the years who decided to simply forge ahead based on their assumption of what the law was and that they’d be ok and not get legal advice only to have it blow up in their face later. Then they come to me and unfortunately it ends up taking much more effort (and thus much more costly) to deal with the problems caused by what they did than had they simply come to me before they acted and asked for advice.

    I can understand why, given how things turned out with your ex-wife taking things, you would favor changing the locks and ensuring he be there when she picks up her stuff. Certainly it would be better if he can be there when she picks up the stuff. But again, there is a statute that says he cannot deny his spouse entry to his dwelling so he takes a risk in doing that. Because of that statute the OP’s situation is one that certainly could blow up in his face if he changes the locks without getting advice from a family law attorney first. His choice what to do. I’ve explained the law and made my recommendation to get advice from an attorney who actually practices family law in CA.
  • 01-02-2018, 05:58 PM
    WhoDonnit
    Re: At What Point Can I Change Locks
    Thank you to everyone who responded to my query. For the past week she has been coming once or twice a day an picking up stuff. On Saturday afternoon I received all of the paperwork from the paralegal via email and printed it all out. On Sunday she came to take another load and I asked her if she wanted to get the paperwork finished up. She said "yes", so I phoned a mobile notary that I have used before and he met us at a Starbuck's in town. We both signed the agreement and it was notarized. There were also about 4 other documents to be signed and dated. I then took the documents down to the paralegal's home office a dropped them off. They should be filed this week. All of the paperwork is done!

    Today she brought a U-Haul and a couple of eighteen-year-olds and loaded the remainder of her stuff. Everything that was in our agreement and then some... She handed me the key and left. I am thinking that now I will change the lock just for good measure. Thanks again!
  • 01-24-2018, 12:28 AM
    kenpatric
    Re: At What Point Can I Change Locks
    Glad everything worked out for you. It's interesting how a this lock thing can be that complicated. If I were you, I'll still just inform her formally that locks are being changed now.
  • 01-24-2018, 12:58 AM
    jk
    Re: At What Point Can I Change Locks
    Quote:

    Quoting budwad
    View Post
    What in OP's post says that the house is community property? She moved out and he owned the house before the marriage.

    Community property is irrelevent. It is the marital home and until a court says otherwise, it remains the marital home. He needed to seek exclusive possession of the marital home when he filed. If he didn’t, then shame on him. His error.
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