This is a question which is frequently asked by clients. The answer is that it depends upon the circ*mstances.
People who are married or in a civil partnership have a right to live in the family home if it has been, the main family home during the marriage or civil partnership. This is the case whether the property is in your joint names, only one person’s name or you are renting it. Both parties therefore have the right to be in the home and you cannot exclude the other person without a court order. In such circ*mstances, neither party has the right to change of locks.
Where you are not married or in a civil partnership the reply to the question depends upon whether the property is jointly owned or not. If the property is jointly owned then you cannot change the locks without the agreement of the other person.
Both of you have a right to access and to occupy the property. If only one of you owns the property then the owner is entitled to change the locks. However, where the non-owning person has paid money into the property such as contributing to the purchase price or paying for improvements, they might be able to establish an interest in the property which in turn could mean that they have a right to live there. It would therefore be wise to seek legal advice before changing the locks.
Can my ex break in?
A joint owner can use “reasonable force” to re-enter a property they have been excluded from. They may ask a locksmith to change the locks again. If they do try to forcibly re-enter an occupied property then they could find themselves on the wrong side of the law. Under Section 6 of the Criminal Law Act 1977 it is a criminal offence for a person to use or threaten violence to enter a property without lawful authority if there is a person on the premises who is opposed to their entry and the person attempting to enter knows that this is the case. The Act states that a person who has an interest in or a right to possess or occupy the property this does not in itself constitute lawful authority. Violence in this case can be against the other person or the property.
In some cases in may be possible to exclude the other person who has a right to occupy the property by obtaining an Occupation Order from the Court. To successfully obtain an Occupation Order you will need to show to the court that it is appropriate for your partner to be excluded. For example, you may need to show that there is a risk of harm to yourself or your children. This is not always easy to do as the threshold for the Court to make such order is fairly high.
If you do change the locks to keep the other person out, you may find yourself facing a court application where your ex seeks to enforce their right to live in the property or they try to forcibly re-enter. In most cases it is far more sensible and cost effective to deal with this issue practically and without the need for a court order. It is best to try and agree who will remain in the property and ask the person leaving to give you notice should they wish to return to the property.
At Watson Thomas our Lawyers have lots of experience in dealing with rights in respect of the family home and all aspects of family law. Please call us today for a free initial meeting.
Watson Thomas Solicitors have offices in Fleet, Hampshire and Guildford, Surrey
For further information, please visit our website at www.watson-thomas.co.ukor call us at our Fleet Office on 01252 622422 or our Guildford Office on 01483 320114to book a FREE Initial Consultation with one of our family law solicitors oremail any enquiries to This email address is being protected from spambots. You need JavaScript enabled to view it..
FAQs
You are legally able to change the locks without the need for their consent but it is advisable to take legal advice to limit difficulties between you and potentially Court proceedings.
Can I change the locks after a breakup? ›
The process of changing locks after a breakup isn't difficult, but keep in mind that if you rent or share ownership of a property, you'll need to ensure that changing the locks is within your rights. It's a good idea to check any potential legal issues before you start the process.
What happens if you change the locks if your husband leaves? ›
Therefore, if you change the locks to the house, your spouse can legally still enter the home. Your spouse can even hire a locksmith to gain access to the house and then you may have to pay the locksmith's fee.
What to do legally when your husband leaves you? ›
If your spouse has abandoned you, you have the right to seek a legal separation order known as a divorce from bed and board. Despite the name, this order does not end your marriage. It could entitle you to certain benefits of a divorce, such as alimony, child custody, and child support.
How do you survive being separated? ›
Coping With Separation And Divorce
- Recognize that it's OK to have different feelings. ...
- Give yourself a break. ...
- Don't go through this alone. ...
- Take care of yourself emotionally and physically. ...
- Avoid power struggles and arguments with your spouse or former spouse. ...
- Take time to explore your interests. ...
- Think positively.
Yes, you legally can change the locks. Of course, you're still married, so your spouse has just as much of a right to be in the house (or apartment, or condo) as you do. This means your spouse can get a locksmith to pick the lock and get back in.
Can I change the locks on my ex girlfriend? ›
There's no reason you can't change it whenever you would like if she is living elsewhere. The only issue is preventing access to her things. Are there any relatives or friends you could leave them with? Also, be sure and tell her you are changing the locks and codes.
Can I change the locks if my wife left? ›
No formal paperwork has to be signed for a marital separation to occur. So long as they indicated to you in some fashion that they are moving out (and preferably took most of their clothes and personal items), you can consider them to have vacated the marital home and are free to change the locks.
Do I have to let my husband back in the house? ›
If your name is on the lease or mortgage, you have as much right to stay in the residence as your spouse does. This principle holds true regardless of the state of your marital relationship. In cases without domestic violence, neither party can force the other to leave the home without a court order.
Can I change the lock on my husband? ›
Unless you are dealing with a domestic violence situation and have a court order to do so, the quick answer is no. Do not lock out your spouse. Granted, it is not illegal for you to change the locks on your home. So if you really want to, you can.
Abandonment in a marriage can take different forms. It may involve physical absence, emotional withdrawal, neglecting financial responsibilities, or substance abuse.
What happens if you just leave your spouse? ›
In other words, the courts can't force you or your spouse to stay in a marriage. The one who abandons the marriage will not be forced to return, but they will be held financially responsible for things such as child support, spousal support, and property division via a divorce court order.
What is emotional abandonment in marriage? ›
Common Examples and Signs of Emotional Neglect in a Marriage
Your partner shuts down when you want to talk. You're not sure what your partner wants from you. You don't engage in social activities as a couple. Your go-to person is a friend, not your partner. You consistently ignore or suppress your feelings.
Why moving out is the biggest mistake in a divorce? ›
Why Leaving the Home Voluntarily is a Huge Mistake. If you and your wife have children, your voluntary move away from the home – even if intended to be temporary – sends a signal to the court that interacting daily with your children is really not that important to you.
What is the first thing to do when separating? ›
1. AGREE A DATE OF SEPARATION. The first thing you should do is to note, your date of separation. This date is important because it calculates any time limits you have to bring a property settlement claim and make a divorce application.
How many separated couples get back together? ›
Key Takeaways. Reunion Rates: Between 10-15% of separated couples reconcile, and approximately 6% of divorced couples remarry each other. Age's Role: Marrying at a younger age can influence decisions and perspectives on relationships.
Should you change locks when you move? ›
Short answer, yes you should. This is one of the most important things to consider when moving into a new property, doing this will ensure the safety and security of your home.
Can my ex lock me out? ›
So whether they've met someone new or they're just making an effort to move forward without you, this can be a reason that your ex will block you. This is actually way more common than you might think.
Do you change locks when you move? ›
Change your locks when you move into a new house. The previous homeowners have the keys. Plus, you just moved in and you do not know who the last homeowners gave a copy of their keys to. If you are a new home owner to your place, change the lock.
How do I get my ex out of my home? ›
Give proper written notice. Wait for the move-out deadline in the notice to expire. File the necessary legal paperwork in court. Give your ex a copy of the paperwork explaining that they must appear in court and why, called the summons and the complaint.
