Can I change the locks on my home after separation?

If you have separated from your partner or spouse, you may consider changing the locks on your home to exclude their access.  This may bring much needed privacy, security, and peace of mind.  However, before taking this step you will need to consider whether you are within your legal right to do so.

The family home can be legally occupied by both parties to a marriage or civil partnership, and if you plan to exclude your spouse you will need to formally agree this in advance, or failing that, obtain a Court Order known an Occupation Order.  This applies even when the property is held in your sole name.

Similarly, if the property is held in your joint names and you are not married, you cannot exclude your partner without either agreeing to an arrangement or obtaining an Order from the Court. 

The exception to the above forms when you have been living with your partner as cohabitees and the property is held in your sole name.  In this situation, legally, you are entitled to change the locks.  It is important to remember however, that this action can inflame a situation, and advance notice is always recommended.

The non-owning party may be able to make an application to occupy the home, particularly if you were engaged or there are children.  In addition, they may have a interest in the property if they had been assured that it was their home too, and if they have contributed towards it financially, including any works that have been carried out beyond mere cosmetic work. 

Please do not hesitate to contact me should you require further advice in this area.

@ef_familylawyer

15.01.2021