Legal Question in Family Law in South Carolina

Changing Locks?

Can the person living in the residence change the locks on a house if a spouse moves out? The house is jointly owned. No separation has been filed.


Asked on 3/26/07, 4:31 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Changing Locks?

The answer is that both parties have equal rights to use and possession of the house at this time and will continue to do so until the Court says differently.

The person in the house can change the locks, but the other person can take any necessary steps to gain entry if he/she so desires. A person cannot be arrested for breaking into his/her own house.

The solution is to get into Family Court to have these issues resolved before any serious problems arise.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 3/26/07, 4:59 pm


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