Can I Change the Locks After Filing for Divorce in Florida?
By the time one spouse submits a divorce petition to legally end their marriage, things are often already very tense between the couple. The time during a divorce can be awkward and uncertain. The divorce is not yet finalized, so you may not have any final court orders, but you also do not want to keep living as though you and your partner are in a happy marriage.
One of the most uncomfortable issues during this time is the living arrangements for you and your spouse. Many people even wonder if they can kick their spouse out of the marital home and change the locks. Below, one of our Tampa contested divorce lawyers explains more.
When You Jointly Own Your Home
If you and your spouse jointly own the marital home, you both have a legal right to live in it. As such, you will need a court order to force your partner to leave the premises. At the beginning of your divorce case, the court may issue temporary orders. One of these may grant you or your spouse exclusive use of the marital home. This means that whoever is awarded exclusive use can use the home and the other spouse has to leave. If you change the locks without court approval, your spouse could take separate legal action to regain use of the property.
If you lock your spouse out of the home without court approval, it could also have a negative impact on you during divorce proceedings. The court may view the forceful removal of your spouse as an attempt to unfairly manipulate the situation.
When the Home is Solely in Your Name
If only your name appears on the mortgage or you bought it before getting married, you may have more flexibility when asking your spouse to leave the marital home. Still, even when this is the case, you cannot force your spouse out without taking legal action.
When the marital home is solely in your name, it can make your claim to exclusive possession of the home stronger. Still, your spouse may have an argument for remaining in the home, particularly if they have contributed to paying the expenses of the household or if your children are in the home.
When You Rent Your Home
If you rent your home with your spouse, each of you likely have equal rights to stay within the property. This is particularly true if both of your names appear on the lease agreement. If you wish to remain in the home without your spouse, you still need to obtain court approval. If you change the locks on your rental property, it could not only lead to legal complications, but it could also cause issues with your landlord, as well.
Our Contested Divorce Lawyers in Tampa Can Advise You of Your Options
While there are ways to live separately from your spouse during the divorce process, you should never try to do it on your own. At All Family Law Group, P.A., our Tampa contested divorce lawyers can guide you through the process of obtaining court approval so your rights are protected. Call us today at 813-672-1900 or contact us online to request a free consultation and to get the information you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
