Legal Question in Family Law in Texas

if a home is jointly owned, one person moves out and the other changes the locks can the person that moved out come back into the home anytime they want to?


Asked on 1/08/13, 12:20 pm

2 Answers from Attorneys

Bruce Zivley Bruce C. Zivley, Attorney at Law

Unless there is some existing court order which precludes reentry into the home, the moving party can come back whenever they want. You cannot burglarize your own home.

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Answered on 1/08/13, 12:26 pm
Fran Brochstein Attorney & Mediator

I agree with Attorney Zivley.

The two of you can keep changing the locks whenever you want.

You can call your local police, constable or sheriff and talk to them if you want. They can tell you what they will do if your spouse call them. Usually without a court order they won't get involved. However, if there is a physical alteration, one (or both) of you will go to jail.

I actually had a couple do this - each morning the wife changed the locks & each evening the husband changed the locks until there was court date & the judge ordered the wife to stay in the house. I can only assume that the 2 locksmiths loved this couple since they spent hundred of dollars on locks!

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Answered on 1/08/13, 1:29 pm


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