Can I change locks in marital home?

[neww2thiss]

Hi all,

STBX moved out 2 years ago. Mortgage and deeds on his sole name. I'd like to change the locks in the marital home but wasn't sure if I am allowed. He continues to pay for the mortgage in lieu of child maintenance until we sell and split proceeds.

Thank you.

Pretty much, no, for most circumstances.

https://www.familylawpartners.co.uk/blog/can-change-locks-divorce#:~:text=Neither%20of%20you%20has%20the,provided%20to%20the%20other%20person.

Unless you have a court order, you cannot change the locks legally without your spouse's consent.

The house belongs to him, so how can you lock him out of his house?

I changed the locks some 18 months after my ex moved out. I was fed up of coming home to find he’d helped himself to yet another item of marital property without consultation. His solicitor demanded I hand over the new key, my solicitor countered that I was entitled to quiet and privacy in my home. Yes, we were joint owners but I would not walk into ex’s new ‘home’ so why should he walk into mine? Nothing happened, house got sold, we moved on.

Is your ex sole owner? If so then no you can't change locks on property you don't own.

No, it’s his house.

Do you know if your ex has keys to both front and back doors? Another way of doing it would be to always keep the door they have a key for locked with the key on the inside and use the other door.

I went to my local police station about this when I was divorcing my ex (we had no kids together) and I stayed in the house & was paying all the mortgage & bills while he moved out.

I felt that as I was paying everything (for years as he was delaying the court dates as much as possible) and felt unsafe with him being able to access my house anytime he wanted (he was threatening me and my pets) that I should be allowed similar rights as a tenant - and allow access, but at agreed times (he didn't have any processions in the home at this point)

Was told by the lovely policeman, no I definitely wasn't allowed to change the locks, but could and should get a visible burglar alarm and a sticker on door with the alarm branding etc. This apparently isn't illegal. It deterred my ex, and he stopped letting himself in after that as he didn't want the embarrassment of the neighbours etc having to deal with it all.

You can always leave keys in the locks inside when you are in the house/at night.

Let's face it, men can't always be relied on not to kill/rape or beat us up - especially when we don't want them anymore so I'm happy to do anything to keep myself safe & an alarm seems a very moderate tool.
You can say you were feeling vulnerable at night and you think someone tried to break in etc to justify the alarm to him and I'm not suggesting you don't allow him into the house, just at reasonable agreed days/times

Thanks everyone. I appreciate your replies. I'm going away and worried about him planting/doing something at home and later blaming me for it. His friends are quite dodgy - this concerns me very much. He could also take furniture as he has done in the past so we would rush into selling with a fast-selling agency.
It's my first time away and have no friends/family to occupy the property until my return. Camera idea is good, however it'd need to be plugged into the wall and he may just unplug it.

You can’t change the locks but does he have keys for all doors? Is there a way of for example putting a chain and internal lock across the front door and leaving via the back door?

Change the lock on the back door and use that as your primary entrance.

Do not change the lock on the front door but do install chains etc. on the inside … and use them!

I would add chains on the doors and use them when I am in the house, and an alarm that I would activate every time I am not in the house. I don't think it's illegal to have an alarm in your own house, although he might demand that you tell him the code....

Put some bolts on the front door. Change the back door key and go out through there. So he does have a front door key that works, just the house will be secure 'in case of burglary'. If you get a ring doorbell you'll see if he's been and tried to get in

It may not be legal (I’m unsure) but what’s going to actually happen if you change the lock? The police don’t even attend some 999 calls, I doubt they’ll have any interest at all in a changed lock. If anyone makes a fuss just say oops sorry must fix that sometime. If your ex makes a fuss maybe give him a new key to the front door then chain it shut and leave by the back door (if back door has street access) or give him a key that doesn’t work or just tell him he doesn’t need a key and have the row.

For when you go away: security cameras inside (from Amazon) plus a movement sensor doorbell that records who approaches the door and sends the video to your phone. The doorbell is likely to be the biggest deterrent.

At the risk of sounding a bit blithe @neww2thiss, I think you should be looking at getting your own place at some point. It’s the only way you’ll untangle yourself.