At some point during my first meeting with a client, he or she will ask me, so can I change the locks on the marital home (or the alarm codes or the garage codes) ? Have you wondered about this? The answer isn’t so simple.
Can you change the locks on the marital home if the house jointly owned by both spouses?
First, who owns the house? If the house is owned by both spouses jointly then the answer to whether you can change the locks on the marital home is generally no. When a property is owned jointly, each party has equal right to access it. So, if one party bars the entry of the other, the displaced spouse could simply call up a locksmith (or the alarm code company) and change the locks again.
Can you change the locks on the marital home if the house owned by only one spouse?
If the property is owned by only one spouse, then the answer is, well, it depends. Technically, the owning party could have the locks changed to bar the other from the property. However, in some jurisdictions, the displaced spouse could file something with the court to be let back in.
Although the house is only owned by one party, it is often seen as a marital asset, and thus some judges hesitate to displace the non-owning spouse when it has been his or her home. The success of this filing can often depend on factors such as, length of time that the spouse has lived there, whether you have children, the assets and income available to the displaced spouse, and the availability of alternate housing.
Can you change the locks on the marital home if your spouse still lives there?
Is your spouse still living in the house? Again, the answer is, it depends. Sometimes, a party has moved out and the client feels uncomfortable still using the same codes and keys. If your spouse moved out many months ago and has no intentions of returning and/or does not need to get back into the property, then I am generally okay with you changing the locks and codes.
However . . . .
If he or she only left this morning, and hasn’t removed all of his/her belongings yet, then I will likely tell the client to wait until the person has fully vacated the property before making any changes.
The Exception
The above answer assumes that there are no abuse issues in the relationship. If abuse is present, then you should seek the appropriate remedy (such as a protection from abuse order, domestic violence order, or restraining order) from the courts and/or the police. As always, I strongly suggest you speak with an attorney in your jurisdiction to determine the best solution for you.
Related: Contemplating divorce? Before you hire an attorney read my tips for choosing the right one.
Related: Deciding whether to keep your house? Read one divorceés pro and con list for keeping the former marital home.
Struggling to finish your divorce? Subscribe and get immediate access to my free Essential Post Divorce Checklist!
By submitting this form, you are consenting to receive marketing emails from: . You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact