To get a divorce in North Carolina, spouses must live separately for at least one year. This requirement can bring the question of who stays in the family home front and center early on in the process – and tackling that question can be one of the most contentious aspects of the divorce. It can become even more so if your spouse refuses to live separately, destroys property or even poses a risk to your safety.
Dealing with that contention can often leave you wondering: can you change the locks on the house?
The answer isn’t so simple
Like most issues in family law, the answer to this question depends on your circumstances. For example:
- You cannot change the locks if your spouse has not moved out, or has no intention of moving out. This could put the separation period on hold, but the house is generally marital property. Your spouse has as much right to it as you do.
- You can potentially change the locks if your spouse has officially moved out of the house.
- Even so, it is often better to wait until after you finalize the divorce and property division before taking actions that would block your ex-spouse from accessing the home.
It is important to note that there are steps you can take if you worry for your safety. However, those steps, including obtaining a Domestic Violence Protective Order, must be taken before you would change the locks. In most cases, you would not even consider changing the locks if there were not extenuating circumstances. That being said, you will still have to consider how property rights play into this complex situation.
Whether you face conflict or question how to move forward at any point in your divorce, it is often a good idea to consult a legal professional. Doing so can help ensure you protect yourself as well as your rights.
If you or someone you love is at risk of domestic violence, contact the National Domestic Violence Hotline at 1-800-799-7233. If it is an emergency, call 911.