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 final. The easiest way to accomplish this is to change the locks. But is it legal? Read on to learn when you are allowed to change the locks on a shared residence during a separation or divorce. This is general information, not legal advice.
Pre-Divorce
Changing the locks before a divorce is a bad idea. Your spouse can legally get a locksmith to let 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 lock on a single non-shared bedroom. Your spouse still has access to the house, but you have a safe place to go. This is a worst-case scenario, and you should definitely retain a lawyer.
During a Divorce
Until a divorce is completed, a house is generally 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 protection order. If it is granted, it will allow you to change the locks legally. Family courts try to preserve the marital estate, so they are not likely to force either party to take on the cost of an apartment, moving, and furnishings just because one party is uncomfortable living 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 exclusive use of the marital home. The courts may grant this if you and your spouse have been separated for a long time or if there is evidence of abuse. However, the burden of proof is on you, and filing may make a divorce even more strained. Finally, you can change the locks if your spouse grants permission. This is likely in friendly divorces where your spouse doesn’t plan to fight for the house.
Post-Divorce
The easiest question to answer is what you can 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 tries to get into your home without your permission after that (including borrowing keys you have given to your children), they are trespassing.
Can I Change the Locks on a House We Rent?
If you rent your home, the rules are different. You typically cannot change the locks without the express permission of the property owner. Changing the locks without permission would likely violate your lease and could leave you subject to financial penalties and potential eviction.
Talk to Your Divorce Attorney
We highly recommend discussing your plans to change your locks with your divorce attorney. An action like changing the locks, even if you fear for your safety, could hurt your position during the proceedings. Once your attorney gives you the go-ahead, contact us to get your locks changed or rekeyed and move forward.