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Mark Abzug

Can I change locks after divorce filing to protect myself?

On Behalf of | Oct 18, 2024 | Divorce, Property Division

When divorce proceedings begin in Florida, the dynamics of your shared home can quickly become tense and unpredictable. Feeling safe in your home is a fundamental need during stressful times. So, can you change the locks of your shared home to feel safer?

You can, but in most cases, it is best not to

Technically, yes, you can change the locks of your shared house. Doing so, however, carries potential legal consequences. While Florida is a no-fault divorce state, this does not mean you can take matters into your own hands regarding shared property.

The law views the marital home as belonging to both spouses until the finalization of the divorce, even if only one name is on the deed. Neither spouse can exclude the other from the property without a court order.

Locking out your spouse, even temporarily, may constitute illegal eviction. Your spouse can pursue legal action, possibly delaying the divorce process. Courts might also interpret it as hostility and factor it into alimony or asset division decisions.

Securing the most effective legal option

In cases of genuine fear for personal safety, you can ask the court to give you exclusive use and possession of the marital home. This order will allow you to legally change the locks. You may also consider alternative living arrangements or filing for a temporary restraining order if you feel unsafe.

When confronting divorce and its associated challenges, do not hesitate to consult a Florida divorce attorney. Your attorney can help you take steps within the bounds of the law to protect yourself without jeopardizing your legal standing in the divorce process.

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