You own a home that's fully registered in your name after buying out your ex-partner. Yet, your ex-partner remains in the house without your permission and refuses to leave. You're considering changing the locks to keep her out. But is this legally permissible?
1. Are you the rightful owner?
Because you bought out your ex, you are the sole owner of the property. This means you can, in principle, decide who lives in your home. However, this doesn't automatically mean you can just change the locks.
2. Does your ex still have the right to live there?
Even if you are the owner, in some cases your ex-partner may have the right to remain in the home (temporarily):
- Rental agreement or right of use : If there is a written or verbal agreement that your ex can continue to live there, replacing the locks may be unlawful.
- Co-occupancy rights : If your ex can demonstrably demonstrate that she has lived in the home for a long time, a judge can determine that she cannot simply be evicted.
- Divorce and Court Order : If the home was part of a divorce proceeding, a judge may have ordered that your ex be allowed to remain there temporarily.
3. Can you replace the locks?
Changing locks while your ex is still living in the house can be legally considered trespassing or vigilantism . This can lead to legal problems, such as:
- A summary proceeding in which your ex demands to regain access.
- A claim for damages if your ex suffers damage as a result.
- Criminal consequences if this is seen as unlawful deportation.
What can you do?
- First talk : Try to agree on a reasonable timeframe for your ex to leave.
- Taking legal action : If your ex refuses to leave, you can go to court and start eviction proceedings .
- Hiring a bailiff : With a court order, you can have your ex evicted through a bailiff.
Conclusion
Even if you're the sole owner of the property, you're not allowed to simply change the locks without legal action. This could be considered unlawful. The best way to evict your ex is through court-ordered eviction proceedings. Seek legal advice to determine the best course of action.
