In some cases, you can change the locks during divorce in Arlington Heights, but do so with caution. Lock changes are risky without a court order or legal agreement, even if you owned the property before marriage. Consult with a divorce lawyer in Illinois to assess your living situation and help you file for exclusive possession if necessary.
Filing for divorce? Call The Law Offices of Roger W. Stelk at 847-506-7330 for guidance.
What Illinois Law Says About Changing Locks During Divorce
In Arlington Heights, the average household size is 2.41 people. That may be one person too many for you during a divorce. However, the marital home is usually marital property, regardless of the name on the deed or lease.
This is because Illinois is an equitable distribution state. Most property the spouses acquire during the marriage is marital property, regardless of titling. Courts also recognize that nonfinancial contributions, such as providing childcare and supporting a spouse’s career, can entitle someone to a share of the home, even if he or she did not directly pay for it or sign the mortgage.
Equal Right to Access the Marital Home
Because of the state’s stance, changing the locks during a divorce without the other spouse’s knowledge or consent is not necessarily allowable. If both people are legally married and there is no court order granting exclusive possession of the home to one spouse, both spouses have the legal right to access the residence.
A spouse can request exclusive possession of the home and to change the locks during divorce. The requesting spouse typically needs to show that sharing the home would be unsafe for them mentally, emotionally, or physically.
Temporary Orders in Divorce
Without an order for exclusive possession, both spouses can come and go as they please, even if one spouse has moved out temporarily. The court could see changing the locks during a divorce as denying the other spouse his or her Illinois divorce property rights.
When Changing the Locks Could Lead to Legal Trouble
Some spouses in Arlington Heights assume that if they are the homeowner or leaseholder of record, they can change the locks during divorce. Doing so could lead to legal trouble, though.
State courts see the marital residence as shared property until proven otherwise. Even if one spouse bought the home prior to the marriage, it may still be marital property if the couple maintained or improved it with joint funds. In other words, locking your spouse out could be a violation of property rights. The court could issue sanctions or order you to restore access to your spouse. Sanctions could include fines and an order to pay your spouse’s attorney’s fees.
Police Involvement
If you change the locks during divorce without a court order and your spouse calls the police, officers may insist that you let the spouse into the home. In most cases, police do not want to get involved in deciding civil disputes unless there is a clear safety threat or a valid court order.
Changing the locks in this type of situation could cause the court to impact the division of property in a way that disfavors you. Your spouse could be who gets the house in a divorce.
Domestic Violence
Illinois law allows people in abusive situations to seek an order of protection or a stay away order. It can give them exclusive use of the marital residence and allow them to change locks.
A person who feels threatened can file a petition with the court and receive a temporary order within hours. This emergency order is possible even without the other spouse present. This type of order may include provisions that:
- Forbid the other spouse from entering the home
- Allow police to remove the spouse
- Allow the requesting spouse to change the locks
Abandonment and Court Orders
In another scenario, the court might OK lock changes if a spouse moved out a while ago and has a secure place to stay. The spouse living in the home could petition the court for and receive exclusive possession of the home. With the judge’s approval, he or she changes the locks. If the other spouse tries to enter the home again, he or she could be held in contempt of court.
Why It’s Smart to Talk to a Divorce Lawyer Before Changing Your Locks in Arlington Heights
Speak with a divorce lawyer before changing the locks. Even if you believe your decision is reasonable, it may backfire. It could even cause you to lose the home.
Alternatives
Divorce lawyers can offer alternatives to changing the locks. One is to have a spouse who lives elsewhere pick up his or her possessions under police supervision. This helps avoid allegations of stealing, and police are used to this type of supervision. Another option is for you to pack your spouse’s possessions.
Guidance on Property Rights
Divorce lawyers can explain your rights regarding the home and whether you qualify to request exclusive possession. They guide you through filing motions or petitions to change the locks during divorce.
Filing First
Does it matter who files first in an Illinois divorce? Being first allows you to set the stage for temporary orders, including those about the home. You can also present your side first in court. A divorce lawyer can assess whether you should initiate the divorce or wait.
Mediation and Temporary Agreements
If cohabitation is unbearable, but there is no abuse, a divorce lawyer could help negotiate a temporary agreement. It could outline who stays in the house and under what conditions.
This is a good time to discuss a marital settlement agreement and how it affects long-term property division. A marital settlement agreement may specify who gets the house and outline the timeline for one spouse to move out.
You may be able to change the locks during divorce. Contact us at The Law Offices of Roger W. Stelk to find out more.
