Divorces can be stressful and create tense situations between spouses. One of the most common questions is whether a spouse can change the locks on their shared home during an Ohio divorce. This article will explore the legality of changing locks during an Ohio divorce case.
Possession of Property
When spouses file for divorce, one of the major concerns is property distribution. Ohio courts will often decide who gets to keep the marital home. During the divorce proceedings, both spouses have the legal right to occupy and use the shared property until a final decision is reached by the court.
Joint Ownership
If the shared property is jointly owned by both parties, it is not recommended that a spouse unilaterally changes the locks. Even if the couple is going through a separation, both parties have an equal right to access the home. In Ohio, if a joint owner changes the locks without the other owner’s permission, they risk legal consequences.
Domestic Violence
If a spouse is a victim of domestic violence, there are legal measures that can be taken to protect them. An emergency protective order or temporary restraining order can prohibit an abuser from coming within a certain distance of the victim, including their home. In such situations, the victim can change the locks to protect themselves.
Unlawful Entry
If a spouse is concerned that their former partner might enter the home unlawfully, they can contact law enforcement. Ohio law makes it illegal to enter property without consent or lawful authority. If a spouse changes the locks and bars the other spouse from entering without a legal basis, they risk being charged with criminal trespassing.
Conclusion
Changing locks on a shared home during Ohio divorce proceedings is a complicated issue and can have legal consequences. Without legal permission or a legitimate reason, changing locks can be seen as an act of aggression or property destruction. It is advisable to consult an attorney or the court before changing locks.