Legal Question in Family Law in Kentucky

Can a spouse legally change door locks to a home iand keep the other spouse out if no divorce or no separation of property has been ordered?


Asked on 1/17/12, 5:31 am

3 Answers from Attorneys

Gregory Napier Troutman & Napier, PLLC

This comes up often. If both parties own the house or have a leasehold interest in the residence, then one spouse cannot change the door locks to keep the other spouse out and enforce it legally. The most common thing that occurs is the police are called the the spouse who spent a bunch of money to change the locks has to let the other spouse in.

If there is violence then the victim of the violence needs to obtain an Emergency Protection Order. If not violence is imminent and a divorce or legal separation has been initiated, then the proper thing to do is file a motion with the court for exclusive possession of the residence on a temporary basis until the divorce or legal separation runs its course.

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Answered on 1/17/12, 8:23 am
Andrea Welker Welker Law Office

Pretty much. I suppose the other spouse can just go change the locks again, but that's going to get nasty real quick, and probably result in a few calls to the police. I'd recommend filing for divorce and a motion for temporary relief for the court to decide who should have temporary possession of the marital home, and go from there.

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Answered on 1/17/12, 8:24 am


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