When relationships break down, tensions can run high — and one of the most common questions we get from separating spouses is:
“Can I change the locks on the house?”
The answer depends on several legal and practical factors. Here’s what you need to know before accessing the former matrimonial home and changing the locks.
Who Has the Right to Enter the Home?
If You Own the Property Jointly
If the home is legally owned by both parties — either as joint tenants or tenants in common — both parties have a legal right to access the property, even after separation.
In this case:
- Changing the locks to exclude the other person could be considered unlawful.
- The court may also view it as an unreasonable or aggressive act, especially if children are involved.
🔍 Tip: Even if one party moves out, they retain the legal right to re-enter unless a court order says otherwise.
If the Property is in One Person’s Name
If only one spouse owns the property, the non-owning spouse may still have the right to occupy it under home rights, especially if the property was the family home during the marriage.
- These rights can be registered as a legal notice at the Land Registry.
- The non-owning spouse cannot simply be locked out without following the correct legal process.
If There Are Court Orders in Place
If there is an Occupation Order (under the Family Law Act 1996), this may:
- Give one party the exclusive right to remain in the property;
- Prohibit the other party from entering or coming near the home;
- Be used to enforce or protect someone from domestic abuse or harassment.
In this case, changing the locks may be permissible and even advised — but only if it aligns with the terms of the court order.
What Happens if You Change the Locks Without Legal Basis?
Changing the locks without consent or a court order could result in:
- Legal repercussions, including court applications to regain access;
- Tension or escalation, which may negatively affect financial or child arrangements;
- Potential allegations of harassment or controlling behaviour.
Even if you believe you’re justified, acting unilaterally is risky — always seek legal advice first.
When Is Changing the Locks Appropriate?
ou may be justified in changing the locks if:
- You live in the home alone, the property is in your name, and there are no registered home rights for your ex;
- An Occupation Order is granting you sole occupancy;
- There are safety concerns (e.g. domestic abuse) — in which case, you should speak to a solicitor immediately about legal protection.
If your ex has changed the locks and refuses to give you a key, but you are entitled to the property, you have legal options.
First, clarify your legal status.
You are entitled to the property if:
- Your name is on the title deeds (you’re a joint or sole legal owner) or
- You are married, and the property is (or was) the matrimonial home or
- You have registered “home rights” under the Family Law Act 1996 (if you’re not an owner but married to one).
If any of these apply, your ex cannot legally exclude you without a court order.
What are your options?
1. Try to Resolve It Informally
If it’s safe, try communicating in writing (text/email), asking for a key or access to collect belongings or re-enter the property.
- This creates a record if the matter goes to court.
- Do not try to break in or retaliate by changing locks again — this could count against you.
2. Seek Legal Advice Promptly
A family solicitor can confirm your legal position and help you take action. This may include:
- Writing a formal letter to your ex requesting access;
- Negotiating terms for returning to the property (even temporarily);
- Filing a court application if necessary.
3. Apply to Court for an Occupation Order
If negotiations fail and you have the right to live there, you can apply for an Occupation Order under the Family Law Act 1996.
This can:
- Give you the right to enter and occupy the home;
- Exclude your ex from the property (in some cases);
- Determine who stays in the home temporarily during separation.
4. Register Your Home Rights (if applicable)
If you’re married but not on the deeds, you can register home rights with the Land Registry, which:
- Gives you a legal right to remain in the home;
- Prevents your ex from selling or mortgaging the property without notice;
- It can strengthen your case for access or court orders.
Important: Do Not Take Matters Into Your Own Hands
Even if you are legally entitled, forcing entry, breaking locks, or entering without permission could:
- Lead to police involvement;
- Undermine your position in future court proceedings;
- Be seen as harassment or a breach of the peace.
If you’re facing a situation where you’re unsure of your rights to the matrimonial home, it can be deeply distressing. Contact us today for your free half an hour telephone appointment to assess your rights to the family home.