Can My Ex Change The Locks After Filing For Divorce? | New Albany Divorce Attorney

Divorce is a challenging process that often raises many questions, especially when it comes to the rights of each spouse regarding their shared home. One common concern is whether one spouse can change the locks to the marital home after filing for divorce. If you are facing this situation, it is crucial to understand your rights under Indiana law and what actions you can take to protect your interests.

At Mattox & Wilson, we are here to guide you through these complex issues. As dedicated New Albany divorce attorneys, we can provide the support and legal representation you need to navigate your divorce proceedings with confidence and clarity. If you are contemplating or facing divorce, we invite you to call our office at 812-944-8005 to schedule a consultation.

Can My Ex Legally Change the Locks After Filing for Divorce?

Under Indiana law, both spouses generally have equal rights to the marital home, regardless of whose name is on the deed or lease. This means that until a court order says otherwise, both parties have the right to access the property. However, the situation becomes more complicated once a divorce is filed.

After filing for divorce, the court may issue a temporary restraining order[1] or other temporary orders that address the living arrangements and access to the marital home. If your ex changes the locks without a court order, they may be violating your legal rights.

What Should You Do If Your Ex Changes the Locks?

If you find yourself locked out of your marital home, here are some steps you should consider:

• Document the Incident: Take pictures of the changed locks and any notices posted by your ex. Keep a detailed record of all communications and incidents.
• Contact Your Attorney: Speak with your New Albany divorce attorney immediately. They can advise you on the best course of action and may recommend filing a motion with the court to restore your access.
• Do Not Attempt to Break In: While forcing your way back into the home may be tempting, doing so could result in criminal charges or escalate the conflict.

FAQs About Changing Locks During a Divorce

Can I Change the Locks If My Ex Has Moved Out?

If your ex has moved out of the marital home and has no intention of returning, you might assume it’s acceptable to change the locks. However, without a court order granting you exclusive possession of the home, changing the locks could still violate your ex’s rights. It’s essential to consult with a New Albany divorce law firm to discuss the specifics of your situation and obtain proper legal guidance.

What If My Ex Is Harassing Me? Can I Change the Locks Then?

If you feel threatened or harassed by your ex, you should prioritize your safety. In such cases, you may be able to request a restraining order from the court, which could include provisions that allow you to change the locks to protect yourself. Contact a New Albany divorce attorney immediately if you believe you are in danger or if your ex is engaging in harassing behavior.

Does It Matter Whose Name Is on the Deed?

No, it doesn’t necessarily matter whose name is on the deed when it comes to the right to access the marital home during a divorce. In Indiana, the marital home is considered joint property, and both spouses have equal rights to it until a court decides otherwise. If you’re unsure about your property rights, a New Albany divorce attorney can help clarify the situation based on the details of your case.

Is Indiana a 50/50 Property Division State?

No. Indiana is an “equitable distribution” state, which means that marital property is divided in a manner that the court considers fair, but not necessarily equal. When determining how to divide property, the court considers factors such as the length of the marriage, the economic circumstances of each spouse, and contributions to the marital estate, including non-monetary contributions like homemaking and childcare.

During the divorce process, it’s common for one spouse to remain in the marital home while the other moves out. However, just because one spouse leaves does not mean they forfeit their rights to the property. Changing the locks without a court order can complicate the property division process and potentially lead to legal repercussions.

Protecting Your Rights During a Divorce

Navigating a divorce can be emotionally and financially draining. It’s vital to take steps to protect your rights and interests throughout the process. Here are some practical steps you can take:

• Stay Informed: Keep yourself updated on Indiana divorce laws and how they apply to your case. As a New Albany divorce law firm that has been serving the local community for decades, we can provide valuable insights and guidance tailored to your circumstances.
• Secure Your Finances: Consider opening new accounts in your name only. Monitor your credit report for any unusual activity that could indicate financial misconduct.
• Gather Important Documents: Collect financial records, property deeds, and other important documents that may be relevant to your case. This can include tax returns, bank statements, and evidence of contributions to marital assets.
• Consider Mediation: If possible, consider alternative dispute resolution methods like mediation to resolve issues amicably and avoid lengthy court battles. At Mattox & Wilson, our New Albany divorce attorneys offer mediation services to help facilitate a fair resolution and represent your interests throughout the process. However, if mediation is impossible, we will not hesitate to take a case to trial to protect your interests.

FAQs About Divorce and Property Rights

Can the Court Order Me to Move Out of the Marital Home?

Yes, the court can order one spouse to move out of the marital home, especially if there’s a concern for safety or if it’s in the best interest of any children involved. The court may also grant one spouse exclusive home use as part of a temporary order. It’s essential to comply with any court orders to avoid penalties or complications in your case.

What Happens If I Move Out? Do I Lose My Rights to the Home?

Moving out of the marital home does not mean you lose your rights to it. You still have a legal claim to the property, and the court will consider this during the division of assets. However, if you voluntarily move out and your ex changes the locks, it could complicate your ability to return without a court order. Always consult with your New Albany divorce attorney before making any decisions about moving out.

How Can a New Albany Divorce Attorney Help Me?

As New Albany divorce attorneys with decades of experience, we can provide invaluable assistance by:

• Explaining Your Rights: Understanding your legal rights during a divorce is crucial. We can help clarify what you are entitled to and what actions you can take.
• Representing You in Court: If disputes arise over property, child custody, or support, as tenacious New Albany divorce attorneys, we can represent you in court to protect your interests.
• Negotiating on Your Behalf: Divorce often involves negotiation, and having an experienced attorney on your side can help you achieve a favorable outcome.

Call Today To Schedule A Consultation With An Experienced New Albany Divorce Attorney.

Navigating the complexities of divorce law in Indiana can be daunting, particularly when it comes to issues surrounding the marital home. If you find yourself asking, “Can my ex change the locks after filing for divorce?” it is crucial to seek legal advice. At Mattox & Wilson, we are committed to providing compassionate and effective representation to help you through this challenging time.

If you have questions or need assistance with your divorce case, don’t hesitate to contact us today. Schedule a consultation with one of our experienced New Albany divorce attorneys, and let us help you protect your rights and secure your future.

[1] Indiana Code § 31-15-4-3. Motion for Temporary Restraining Order :: 2023 Indiana Code :: US Codes and Statutes :: US Law :: Justia