What to Do If You’re Locked Out of the Marital Home During Divorce
Sometimes divorce isn’t just paperwork and emotions—it’s logistics, safety, and hard choices. One question we hear often in our Divorce Resource Consults is: “What happens if your spouse locks you out of the marital home while the divorce is still in process?”
It’s a heartbreaking and confusing situation, especially when emotions are running high, children are involved, and the house is legally in both names. Let’s walk through what you need to know.
First Things First: Safety
If you were forced out of the home during a conflict, especially if alcohol, temper, or threats were involved, your safety (and your children’s safety) is the top priority. Divorce may be the legal process in play, but safety always comes first. Staying somewhere safe, even temporarily, is never the wrong decision.
The Legal Side
Generally, if both spouses are listed on the deed and mortgage, neither has the legal right to lock the other out without a court order granting exclusive use and occupancy. This is sometimes called “sole use of the marital home.” If such an order hasn’t been filed and approved by the court, technically both of you still have equal rights to enter and reside in the home.
That said, just because you have the right doesn’t always mean it’s wise—or safe—to try to re-enter on your own. With cameras installed and the threat of confrontation, showing up at the house could escalate conflict or even be mischaracterized later.
Court Is the Right Place
If you have a hearing scheduled, this is absolutely something to bring up in court. Judges want to know about lockouts, safety concerns, and the living arrangements of children. Trying to force your way back in could complicate things, but calmly raising the issue in front of a judge gives you legal clarity and, potentially, protection.
What You Can Do Now
Document what happened: dates, times, and circumstances of being locked out.
Keep communication with your spouse brief and non-confrontational.
Share your concerns with your attorney or mediator before court.
Bring up the situation in court so there is a record and the judge can address it directly.
A Gentle Reminder
Being locked out of your home is more than inconvenient—it’s a painful reminder of how volatile this season can feel. Please remember that you are not powerless, and you do not have to handle this alone. The legal system has processes in place for situations exactly like this. Bringing it to court is not being dramatic—it’s being practical and protecting your family.
If you’re at the beginning stages of divorce and wondering what to expect, we put together a free ebook, What to Consider When You’re Considering Divorce. It’s full of compassionate guidance, checklists, and scripts to help you navigate this overwhelming process with more clarity and confidence.
Your fresh start may feel far away when you’re standing outside a locked door—but tomorrow in court, and each step forward, is part of building it.