Take my wife, please

divorce advice and tales of woe

20
Feb
2008

Since my blog post about the murky area surrounding the legality of property I’ve had several searches to this website surrounding the question of whether your wife can change the locks to your house when you’re getting divorced.

Sadly this again is murky. While it may well be a jointly owned house if your wife feels threatened in any away she can refuse you access to the property, so yes, she can change the locks. The situation gets even more murky if she moves out and you remain in the house. In this instance if the financial dispute is ongoing you would be advised not to change the locks yourself because she could use that against you in court, and she has a right to enter the property.

She could of course enter the house herself while you’re not there and change them to lock you out. There is nothing illegal in her doing this, but if she doesn’t reside in the property you would have a right to break in and change them back again.

Remember, this is so long as she doesn’t reside there. You cannot break in if she lives in the house!

Simply put either of you can change the locks, but if your wife lives elsewhere either of you can change them back again. It’s best to avoid the situation altogether because changing locks several times a week is both pointless and expensive.

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Clive Bellmore

Comments

  1. Henriette Said,

    I agree with 99% of the material on your website and ……. I am a woman!! I share your anger, your frustration, your despair about the unfair way divorce law works in this country. However, as the person who entered the marriage with some assets and subsequently made a career (forced by my husbands decision to quit his job, become an ‘aspiring writer’ and spend thousands of pounds on clothes, jewellery and other nonsense) I find that the law works against the breadwinner, regardless of their gender. My husband now claims he is our child’s main carer, and asks in excess of £250k as a one-off payment, plus alimony on top. He fortunately does want me to take our child, so all this support is for him alone. It is ridiculous and infuriating, but it obviously happens to women as well as to men. I do find your website interesting; I need all the advice I can get!

  2. Can I change the locks to keep my wife out of my house? | Take my wife, please Said,

    [...] solicitors sometimes offer contradicting advice on the matter of changing the locks on your house to keep your wife out. Firstly, if your home is in joint names, your wife has a legal right to enter the property. [...]

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