If my ex-spouse is on the title to my home but is no longer living there and won’t release key, can I change locks?

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If my ex-spouse is on the title to my home but is no longer living there and won’t release key, can I change locks?

Asked on October 7, 2011 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Well, that really depends on what happened during the divorce and the settlement or decision of the Judge after the trial.  Who was awarded the house in the divorce?  If you were awarded the house then yes, you can change the locks.  But it sounds to me like you may not have been awarded the house, correct?  Was the house ordered sold instead and the profits split?  If that is the case then one of you should have been awarded exclusive occupancy until that occurs.  If you were ordered exclusive occupancy then you can change the locks.  If you are unsure then I would go and ask your lawyer or ask a judge to rule on the issue so that there are no questions in your mind.  Good luck.


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