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Our homes are nigh-on always our most valuable and vital possession. As a result, when a couple separates, should one spouse remain in the matrimonial home, they’re often overly keen to protect it from their husband/wife. As a result, Quickie Divorce are frequently asked whether or not the remaining party can change the property’s locks and prevent their spouse from returning. The short answer is no, but there’s more to it than that. We’ll begin by discussing the reasons why you simply cannot immediately change the locks and prevent your spouse from accessing the matrimonial home.

The first thing to note is that matrimonial homes are generally held in joint names. As a result, should one party opt to change the locks, the other party is well within their rights to hire a locksmith in order to regain access to the property. In the unlikely event that the property is held in only one spouse’s name then, whether it is owned or rented, they still have a reasonable claim to access if they have lived there previously, though they’ll have to seek a court order.

If you do want to change the locks, you’ll need to obtain sole ownership of the property and get your spouse to forego any right they may have to it beforehand. The most logical way to do this is to arrive at an agreement with your spouse and then finalise this via a consent order which you can file with the court either after you’ve obtained a separation agreement or after you’ve filed for divorce and have received your Decree Nisi. Once such an agreement has been reached, however, it’s unlikely that you’ll deem it necessary to change the locks as, due to the agreement, your spouse will have foregone any claim they have to the property and could, if necessary, be held in contempt of court if they refused to return their keys to you as a result.

If there has been domestic violence

If you’ve been the victim of domestic violence and you believe your spouse represents a threat to you, your children, or anyone else that lives at the property, then you can obtain an Occupation Order from the courts. Such an order states which spouse has the right to reside in the family home and can, if the courts deem it necessary, include a provision designed to keep the offending party away from the home by affording the police power of arrest if the order is breached.

If you are a victim of domestic violence, you may be entitled to Legal Aid and help with your legal fees. Click here to find out how to contact your local Citizens Advice Bureau for more information.