When Can You Legally Change the Locks During a Divorce?
Even in the friendliest of divorces, at times, the last person you want in your home is your ex. And during a less-than-friendly divorce, you probably no longer want your spouse in your home well before the divorce is finalized. The easiest way to accomplish this is to change the locks in your home. But is this legal? Read on the learn when you are allowed to change the locks on a shared residence during a separation or divorce.
Pre-Divorce
Changing the locks before a divorce is a bad idea. Your spouse can legally get a locksmith to get them into the house, and the action can be used against you in a future divorce proceeding. If you are in an abusive relationship, it is better to leave the house and immediately retain a lawyer. If leaving the house is impossible, it is legal to change the locks in a single non-shared bedroom. Your spouse still has access to the house, but you have a safe place to escape to. This is a worst-case scenario, and you should definitely retain a lawyer.
During a Divorce
Until a divorce is completed, houses are considered marital property, partially owned by both parties. Your spouse has the right to access the house, even if they have moved out. However, you can get permission from the courts to change the locks in some situations. If your spouse is a threat to you, you can petition the courts for a personal protection order. If you are granted this protection order, it will allow you to change the locks legally. Family courts are obligated to try the best they can to preserve the marital estate. Therefore, they are not likely to force either party to incur the additional cost of an apartment, moving expenses, and the cost of furnishings, etc. just because one party is “uncomfortable” continuing to live with a spouse while a divorce is pending.
There are other situations that allow you to change the locks. You can file a motion for the exclusive use of a marital home. The courts may grant this if you and your spouse have been separated for a very long time or if there is evidence of spousal abuse. However, the burden of proof is on you to get this type of order, and filing for it may make a divorce even more strained. Finally, you can change the locks if your spouse grants permission. This is likely to happen in friendly divorces where your spouse doesn’t plan to fight you for the house.
Post Divorce
The easiest question to answer is what you can legally do after a divorce. If you have been granted exclusive ownership of your home, either through the courts or by mutual agreement, you can freely change the locks. If your ex attempts to gain access to your home without your permission after that (including borrowing keys you have given to your children), they are trespassing and will suffer legal consequences.
Can I Change the Locks on a House We Rent?
If you do not own, but rent your home, the rules are different. You typically cannot change the locks without the express permission of the property owner anyway. Changing the locks without permission would likely be a violation of the terms of your lease and could leave you subject to financial penalties and potential eviction.
Divorce Attorney
We highly recommend discussing your plans to change your locks with your trusted divorce attorney. An action like changing the locks on your home, even if you fear for your safety, could badly hurt your position during the divorce proceedings. Once your attorney gives you the go-ahead, contact us to get your locks changed and move forward with your new life!