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What To Do If Your Spouse Locks You Out Of House in a Divorce

Hey, what's up everyone? Welcome to Illinois divorce TV. I'm attorney Bobby Buchanan in Chicago. Today's question is, what do I do if my spouse has locked me out of the house? So you have a pending divorce case or meet, maybe even this is before you filed for divorce and your spouse has locked you out of the house that you've been living in. Well, you can get back in. What you need to do is file divorce case and file a motion for you to regain possession of the marital residence. The question is whether or not you actually want to Maine keep living in a hostile environment where somebody has locked you out. You have the legal right in most cases to get back into that house. The question is whether or not you want to subject yourself to that sort of a psychological abuse that you'll probably face given that you were locked out.

So what are your options? Well, uh, there may be an option that you can get a contribution from your spouse that locked you out to pay for your rent at another home. Uh, or possibly your spouse can pay you some sort of alimony or maintenance as it's called in Illinois to help you pay rent at another home. At the end of the day, that house is going to either be sold or refinanced if you're both on it and you're both entitled to equity in it because somehow your spouse is going to have to pay you the equity that you're entitled to. Now that may come out of a retirement account and may come out of some other checking account. There may be some way to not refinance to get the money out of it, but something's gonna have to happen with that house. Now if there are children in the house and you've gotten locked out, then certainly you want to consult with a lawyer about getting back into the house because there are a lot of kind of repercussions that come from not being the parent that lives in the house with the children.

So it becomes a lot more complicated if there are children in there and other considerations that you might want to make. Cause even if it is a hostile environment in that house, you want to be inside to be able to take care of your children and make sure that there's not any sort of alienation going on. Meaning that your spouse is feeding stuff to your kids, telling them that you're a bad parent and why they shouldn't love you or that you don't love them. There's a lot more control that you can have once you're in the house. So if you have been locked out, I would recommend that you consult with a lawyer immediately because these things, uh, longer they go. Sometimes the more difficult it is to get back into the house or find a resolution that makes sense. And the types of motions that you have to file in this are fairly complicated. This isn't something where you can necessarily just do it on your own. I hope that's clarified kind of what your options are in this case. Let me know in the comments, uh, if you have any comments, questions, or you want to continue the conversation down there, I look forward to speaking to you soon.


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