No, changing the locks or otherwise impeding your spouse’s access to their home is illegal without the court’s consent.
Except in cases where domestic violence poses a risk to your safety, the judge won’t authorize you to simply kick your spouse out and force them to find lodging or sleep on the street.
What needs to happen is the creation of a Temporary Agreement that will spell out your expectations for the time period covering the divorce itself.
If you both want the house, some serious negotiation will have to transpire, but we find that in most cases, couples who are divorcing don’t want to continue living together.
By creating a financial incentive, either through an eventual buy out or cut of the sale proceeds, your spouse is usually able to see that leaving is to their long term benefit.
Call the attorneys at Friedman & Ranzenhofer today at 585-484-7432 to talk to a Rochester divorce attorney for free.