People generally need to feel safe in their homes. When marriages go bad, spouses may start to have strong negative feelings toward one another. There may even be a sense of fear. One spouse may fear that the other could become physically aggressive or may believe that their spouse could engage in inappropriate conduct such as removing property from the marital home or destroying shared assets.
Sometimes, one spouse decides to take control of the situation by changing the locks at the marital home. The goal is to exclude the other from accessing the property for their physical safety or the preservation of their resources. Is it lawful for one spouse to change the locks on a marital home during a divorce?
Both spouses have a right to access the home
While it is easy to sympathize with the spouse who feels like they must change the locks for their own security, it is also possible to sympathize with those denied access to one of their most valuable resources and all the possessions it protects. The law must balance the interests of both parties.
State law very clearly outlines the rights of both spouses to have access to the marital home throughout the divorce process. In scenarios where one spouse returns home to find that their key no longer works, they may need to take immediate action.
Frequently, they can start by contacting their family law attorney who can document the situation and guide their response. They usually have the right to request assistance from local law enforcement. Police officers can come to help address the situation and allow them to gain access to the property.
Although it is very easy for emotions to run high in such scenarios, both spouses should do their best to remain calm. Documenting inappropriate activity, such as changing the locks at the home, can help those affected by marital misconduct assert themselves throughout the divorce process.
A spouse denied access to their home may be able to gain entry to remove property and to establish records for their inventory of marital assets. Discussing concerns about property division matters and other challenges with a skilled legal team can help those preparing for divorce. Neither spouse should unilaterally prevent the other from accessing the marital home in all but the rarest of circumstances.