This is a common question we often encounter. The answer depends entirely on your unique situation.
Rights of Married or Civil Partners
If you’re married or in a civil partnership, both parties have the legal right to remain in the family home, regardless of whose name is on the deed or rental agreement. This applies throughout the marriage or civil partnership. Whether the property is rented, jointly owned, or in one person’s name, neither partner can exclude the other without obtaining a court order. Similarly, neither party can legally change the locks on their own.
For jointly owned properties, changing the locks without the other party’s permission is against the law. If you contact a locksmith to change the locks, they will require proof of ownership, tenancy agreements, relevant correspondence, and valid photo identification.
Rights of Property Owners vs. Non-Owners
If one partner solely owns the property, they are legally allowed to change the locks. However, if the non-owning partner has contributed financially, whether towards rent, the mortgage, or property improvements, they may be able to establish an interest in the property. This could grant them certain rights to remain in the home. It’s strongly advised to seek legal counsel before taking any action, such as changing the locks, to avoid complications.
Can an Ex-Partner Break In?
In situations where someone has been excluded from a jointly owned property, they are permitted to re-enter using “reasonable force.” For example, hiring a professional locksmith to regain access could be deemed reasonable. However, physically forcing entry or causing harm to the other occupant is not allowed.
Under Section 6 of the Criminal Law Act 1977, entering a property without lawful authority or using violence or threats against someone present constitutes a criminal offence. Even if someone has a legal interest in the property, this does not permit them to use force or violence. In certain circumstances, you can apply for an Occupation Order through the court to exclude your partner, but this requires substantial evidence, such as the risk of harm to yourself or your children.
What Happens If Locks Are Changed Without Consent?
In cases where one partner changes the locks to prevent the other from entering, the excluded individual has the right to apply to the court to enforce their occupancy rights. Attempting to forcibly reenter the property may lead to legal consequences.
Exploring Alternative Solutions
Mediation is often the most practical, affordable, and effective approach to resolving disputes without involving the courts. If one party intends to leave the property but may return later, it’s best to communicate and agree on clear terms in advance.
While waiting for a court decision, both parties should avoid entering the property without permission, as this could negatively impact your case. If you find yourself in this situation, consult a lawyer or contact a local locksmith for assistance.
In cases involving violence or threatening behaviour, contact the police immediately.
Additional Support
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