You agreed to a divorce. You told your spouse to gather their things and get out of the house. You even changed all the locks. The next thing you know, your spouse has hired a locksmith to gain entry into the house to retrieve some additional possessions. Can they do that? After all, you changed the locks to keep your spouse out of your home. Can you charge your spouse with illegal entry?
The easy answer: No.
Even though your soon-to-be-ex-spouse has moved out, taken many of his possessions, and even leased an apartment, you can not legally change the locks on your home. Not yet. And not without the proper authority. Yes, there are some circumstances in which you can change the locks, but doing so on your own initiative is legally risky.
In this blog edition, we will discuss the legal issues involved in changing the locks on your home without proper authority. We will also examine some of the exceptions to the rule and how the “easy answer” is not always the only answer.
Let’s start by examining the concept of “wrongful eviction.”
What is Wrongful Eviction?
Despite how it sounds, wrongful eviction has nothing to do with criminal guilt or innocence. It’s about access. In Texas, if your soon-to-be ex-spouse has a legal right to be in the marital home, locking them out without court authority can be considered an “unlawful exclusion,” even if you believe you’re doing what’s best for yourself, the kids, or your peace of mind.
Until the divorce is finalized or a judge issues an order to the contrary, both spouses typically retain equal rights to the marital residence. That’s true even if one spouse has moved out voluntarily. It’s true even when tempers flare. And it’s true even if you pay the mortgage, and the house was “their idea” to begin with.
Changing the locks yourself can create serious legal problems. A judge may see it as an attempt to control community property or gain leverage in the divorce. In some cases, it can even affect temporary orders, property division, and even credibility in court. Judges tend to frown on self-help remedies in Texas family law.
Are There Any Exceptions?
Yes, but this is where things get very fact-specific. You shouldn’t change the locks—even when you feel legally threatened—without due process. You must go through the courts.
Protective or Emergency Court Orders
If there is family violence, threats, stalking, or any other genuine safety concerns, the rules change. A protective order or emergency court order may allow you to legally exclude your spouse from the home and change the locks. In those situations, the law prioritizes safety over shared property rights.
Temporary Orders
There are also scenarios where temporary orders issued early in the divorce process grant one spouse exclusive use of the home. Once that order is in place, changing the locks is not only permitted, it may even be encouraged.
The key point is that the authority must come from the court. It must not be initiated out of frustration, fear, or the advice of well-meaning friends.
Why This Gets So Messy, So Fast
Lock changing feels so simple. Empowering, even. But family law courts rarely apply simple emotional solutions to problems. What feels like a convenient boundary can quickly become a legal misstep.
If you’re worried about your spouse coming and going, removing property, or disrupting your household, there are legal tools available to protect you. The mistake is acting before you know which tool you actually need. And that’s where getting sound legal guidance, early, can make all the difference. It can keep you from turning a small decision into a more serious problem.
Please Call Christman Attorneys for Your Legal Needs Today!
Looking for family law services? Christman Attorneys is your premier choice. With years of experience and a deep understanding of the legal landscape in cities throughout the Dallas-Fort Worth area, our skilled team is dedicated to helping families navigate complex legal matters. Whether it’s divorce, child custody, or adoption, trust Christman Attorneys to provide compassionate and effective representation for all your family law needs.
Please consult an attorney for advice about your individual situation. The material on this website and in this or any blog article we publish is for informational purposes only and does not constitute legal advice. The attorneys at Christman Attorneys believe in tailoring legal advice and solutions to your own personal circumstances.
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