Can my spouse lock me out of our home while we are working out the divorce?
Can your spouse lock you out during a divorce? No, you cannot be locked out of your marital home. Neither spouse can lock the other out of the home they shared as spouses unless and only if there is a court order requiring it.
Get Legal Help Today
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
UPDATED: Jul 12, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jul 12, 2023
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
On This Page
No, she legally may not lock you out of your matrimonial home. Neither spouse can lock the other out of the home they shared as spouses unless and only if there is a court order requiring it (e.g., a protective order barring you from the house), or after disposition of the home is determined in the divorce. Moreover, one owner (whether a spouse or not) can’t lock the other owner out without a court order; you both have equal rights to use, enter, occupy, live in, etc. the home.
Kicking your wife out of your house isn’t allowed while you’re still married. There are two separate, independent reasons why your spouse cannot lock you out of your home while you are “working out the divorce” according to divorce law. Either reason, by itself, would be good enough to prevent this; together, they represent an absolute bar on evicting a spouse during the divorce process.
Table of Contents
Can my spouse lock me out of our home?
First, the law states that one spouse cannot kick the other one out of the marital home (the residence they share as spouses), regardless of ownership—i.e., even if the home is titled solely in Spouse 1’s name, Spouse 1 cannot kick Spouse 2 out of “their” home. Rendering your spouse homeless, refusing to share your home with him or her—this goes against the very concept of “marriage” in our society. Allowing it would also impose a cost on society: the cost to care for (e.g., subsidized housing or shelters) homeless spouses unable in many cases (e.g., in the case of a “homemaker”) to support him- or herself. This cost would be unfair to impose on the taxpayers—why should they, and not Spouse 1, pay the cost of housing Spouse 2? So for these reasons, while you are married, kicking your spouse out of your house is not legally allowed.
This can—and in fact almost certainly will—change after the divorce. The purpose of a divorce is to separate the now-former spouses, both legally and practically: they will not be required to live together or to share a home. However, the law will make sure that both have a home, or at least have a reasonable chance at one. The court will determine if one spouse gets the home and, if so, which one it is. (Generally, it will be the one getting primary custody of any children, if there are any, to avoid displacing the children from their family home.) The other spouse will no longer reside there but will make his or her home elsewhere. The court could also order that the home be sold and the proceeds divided between the spouses, so that both can now seek someplace new to live.
Second, most commonly, when spouses own real estate, they own it together or jointly—usually as what’s called “joint tenants” (though it could also be as what’s known as “tenants in common”). If that is the case, they are both owners of the property; and the law is very clear that one owner cannot lock the other owner out or otherwise exclude them from the access, use, possession, etc. of the property. So long as you are both on the title, neither one of you can be locked out of your marital home. (Also: neither one of you could sell the property without the consent or agreement of the other, unless there was a court order for a sale. If the property is sold the two owners will split the proceeds or profits, after first paying any costs of sale and paying off any liens or mortgages.)
Get Legal Help Today
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Case Studies: Spousal Lockout During Divorce Proceedings
Case Study 1: Unlawful Lockout From Marital Home
Emily and her spouse were going through a divorce. During this time, her spouse changed the locks on their marital home and denied her access to the property. However, unless there is a court order requiring one spouse to be excluded from the home, it is illegal for either spouse to lock the other out of their shared residence. Emily sought legal assistance to protect her rights and regain access to her home.
Case Study 2: Denial of Access and Divorce Proceedings
Michael and his wife were in the process of divorcing. Despite joint ownership of their home, his spouse attempted to lock him out and prevent him from entering the property. However, under divorce law, both spouses have equal rights to use and occupy the marital home until the court determines the disposition of the property. Michael sought legal advice to address the lockout and ensure his rights were protected.
Case Study 3: Joint Ownership and Lockout Prevention
Sarah and her spouse jointly owned their marital home. However, during their divorce proceedings, her spouse attempted to exclude her from the property by changing the locks. Sarah was aware that as a joint owner, her spouse could not legally lock her out without a court order. She promptly contacted her attorney and reported the lockout to the court to enforce her rights.
Get Legal Help Today
Find the right lawyer for your legal issue.
Secured with SHA-256 Encryption
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.