When Can I Change The Locks Divorce

One of the nigh often asked questions that many people have when they separate is "Can I change the locks on my house during a divorce?" The brusque answer is usually "yes" – but delight continue reading the discussion below for a more than complete explanation.

When parties are married, both the husband and the wife have equal rights to all marital assets until and unless the Courtroom says otherwise – regardless of whether they are titled simply in the husband'due south proper name, only in the married woman'southward proper noun, or jointly.

So, either spouse has the "right" to change the locks to endeavor to strength the other one out, simply the displaced spouse tin force his/her fashion back in – and he/she should non be arrested for "breaking into" his/her ain domicile. Keep in listen that locking your spouse out of the home is more often than not unwise, equally doing and then will probably (1) escalate already raised emotions between the parties and (2) acrimony the judge who volition hear your case unless yous have extremely valid, verifiable reasons for having done so.

At virtually temporary hearings, the Court determines which spouse gets temporary sectional utilise and possession of the former marital residence while the case is pending. Once that happens, the other spouse may not come back to the home without the other's permission. If the displaced spouse violates the Order and enters the home without permission, he/she is subject to being held in contempt of Court for doing and then, which could possibly include a fine or jail time.

One time the Court determines who has temporary possession of the home, it is wise for that person to alter all of the locks to proceed the other party out. If there is a security organisation, your security codes should exist changed equally presently as possible and the provider should be notified as to which spouse does (and doesn't) have the right to enter the habitation. The company may want for y'all to provide them with a re-create of the Temporary Order to verify which spouse has the right to possess and occupy the home. If you don't yet have a security system, information technology might be prudent to go one to aid safeguard your domicile and possessions.

Contact our office at (864) 598-9172 or SCFamilyLaw@offitkurman.com to schedule an initial consultation.

Near J. BENJAMIN STEVENS

Ben.Stevens@offitkurman.com | 864.598.9172

Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely utilise to describe him as a divorce and family law chaser. Mr. Stevens is a Fellow in the prestigious American University of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advancement. He is ane of only two attorneys in South Carolina with those simultaneous distinctions. He has held numerous leadership positions in the AAML, and he currently serves as 1 of its National Vice Presidents. Mr. Stevens has a statewide do and regularly appears all across South Carolina. His practice is focused on complex divorce and kid custody cases.

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