House after divorce: Right to home and denial of access

Questioner

I am divorced. I live in the house that my husband and I both own half of. He has keys to the house and just walks in when he feels like it. It's his house too, he says. But he doesn't live here. He refuses to hand over the keys. Can I replace the locks? Can I deny him access to the house?

Lawyer

You are divorced, so you write. What is stipulated in the divorce decree with regard to the home? If it stipulates that you will live in the home (until the home is sold or until you or your ex-husband have obtained full ownership of the home), then your ex-husband has no business in the home. You can deny him access to the home and also change the locks if he does not want to hand over the keys. If nothing was decided during the divorce regarding the home, it also goes without saying that now that he has left the home, he cannot enter the home at will, because he has no business being in the home as long as you live there. However, if your ex-husband continues to refuse to hand over the keys and further consultation does not yield any results, it is wise to request the court that you have exclusive authority to live in the home. If the court grants that request, you can then also change the locks and deny him access to the home. By the way, what is going to happen to the house, is it going to be sold or is it going to be assigned to you or your ex-husband? That will probably also play a role in the whole course of events.

Questioner

It is stated that I live in the house until it is sold. It is nice that I can replace the locks without consequences. Thanks for your response