If the home is jointly owned or was the shared family home, changing the locks to keep your ex out is generally not something you can do unilaterally, and doing it in anger can backfire legally. But there are lawful ways to secure sole occupation of the home, including urgently where there is family violence.
The starting position
Both legal owners are entitled to occupy the property, and even a partner who is not on the title may have rights to live there as their former matrimonial or de facto home. Changing the locks does not extinguish those rights; a locked-out owner can, strictly speaking, lawfully re-enter their own property, which creates exactly the kind of confrontation you want to avoid.
Getting exclusive occupation lawfully
By agreement: most couples sort out who stays through negotiation, ideally recorded in writing. One person staying does not disadvantage the other in the final property split, and moving out does not forfeit your share.
By court order: the Federal Circuit and Family Court can make an exclusive occupation order granting one party sole use of the home, weighing the needs of each party and the children, the parties’ conduct and the availability of alternative accommodation.
Where there is family violence: an apprehended domestic violence order (ADVO) from the police or Local Court can include exclusion conditions that remove the violent person from the home immediately, whoever owns it. If you are unsafe, call 000; for confidential support, 1800RESPECT on 1800 737 732.
If you have been locked out
Do not force your way back in, especially where children are present or an ADVO exists; a heated re-entry can generate police involvement and allegations that follow you through the whole case. Document what happened, collect your essentials by agreement if possible, and get advice promptly. Interim court orders can restore occupation or preserve your position.
Frequently asked questions
The house is in my name only. Can I change the locks?
Sole ownership strengthens your position but a former spouse or de facto partner may still have occupation rights in the family home, and a court can order that they be allowed to stay. Get advice before acting.
Does moving out mean I lose the house?
No. Occupation and ownership are separate questions. Your entitlement in the settlement is unaffected by who lived where, though carrying costs like the mortgage are accounted for.
Can the police remove my ex from the house?
Where there is family violence, yes, through an ADVO with exclusion conditions. Otherwise occupation is a civil matter for agreement or the family court.
Housing standoff at home?
Who stays, who goes and who pays is usually solvable faster than people fear, and getting it right early prevents the worst conflict. A 90-minute consultation gives you a clear, safe plan. Use the enquiry form just below, or call (02) 4210 9288. Garrison Lawyers acts for clients across Wollongong, Shellharbour, Kiama, the Illawarra and the Shoalhaven.
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This article is general information only, current at the date of publication. It is not legal advice and does not take your circumstances into account. For advice about your situation, speak with a family lawyer.