When couples are headed for divorce, there is a natural temptation for emotions to take hold and bad decision-making to set in. One spouse may hide money or close joint bank accounts before the marriage is over. Another might date on the side or keep the kids away from their soon-to-be ex. None of these are good ideas, and there are more just like them. That includes this question we got recently, “My name is on the house, so can I change the locks on my spouse?”
Unless you are dealing with a domestic violence situation and have a court order to do so, the quick answer is no. Do not lock out your spouse. Granted, it is not illegal for you to change the locks on your home. So if you really want to, you can. But you are creating bigger problems and guaranteed arguments by making life on them unnecessarily difficult.
Furthermore, you are still legally married until the divorce is made final. That means nothing is stopping your spouse from hiring a locksmith and re-entering the premises at any time.
They may even end up changing the locks on you!
Cohabitation can be difficult during divorce
While it may be difficult for couples to be around each other or share things that they would rather have all to themselves, the issue with changing the locks on your spouse is that you simply do not have that authority. Only the court has that authority. Texas is a community property state, and there are rules until your divorce is final.
In many situations, these cohabitation issues are solved quickly through a court order requiring the other spouse to vacate the house immediately or by a reasonable future date.
We know this may not be exactly what you want to hear, especially if you have convinced yourself that you and your spouse need to stay as far away from each other as possible until the divorce is final. But it’s better to follow the normal flow of the divorce process and seek guidance from a knowledgeable family law attorney.
Call Nelson Law Group today!!
If divorce is the answer, you need a trusted advisor to guide you through each stage of your divorce and help you deal with the stress that naturally comes with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group brings nearly two decades of experience in family law to each and every case.
Give our knowledgeable staff here at Nelson Law Group, PC, a call if you have any further questions regarding this or any other issue. Our staff is always available. Give us a call today! For more information about Brett A Nelson, click here.