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CAN MY SPOUSE LOCK ME OUT OF OUR HOUSE?

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PKWA Divorce Lawyers

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What are your rights if your spouse locks you out of your house?

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Question:

My spouse has forced me out of the home by changing the lock.  We own this house together.  What are my rights?  Can I stop paying the mortgage since I cannot live there now?

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Answer: 

A spouse cannot force the other spouse out of the matrimonial home which is co-owned by both parties unless there is a Domestic Exclusion Order in place which excludes that spouse from entering that house because of violent behaviour.

If your spouse changes the lock to the matrimonial home and prevents you from entering, unless there is such a court order in place, you should call the police to be let back into the matrimonial home.

If you choose not to go back to the matrimonial home, you are still legally responsible for the mortgage payments together with your spouse.  If there is a default in mortgage payments, the bank will sue both parties regardless of who lives in there.

There is another reason why you should continue with the mortgage payments – the court looks at each party’s direct contributions towards the family home in deciding how to divide the marital home.  So, you should continue to pay, and ask the court to give you a slightly greater share because you were denied the opportunity of living there.

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ABOUT PKWA FAMILY LAW

PKWA Divorce Lawyers

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At PKWA Law, our team of Family Lawyers are consistently named as leading Singapore family and divorce lawyers by respected legal publications such as Benchmark Litigation Asia Pacific, Straits Times, Asian Legal Business, Singapore Business Review and Doyle’s Guide.

Contact us at tel 6854-5336 for a free first consultation.

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 .PKWA Law recognised in inaugural Straits Times survey on “Singapore’s Best Law Firms 2021

Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only, and to enable you to learn more about our firm, our services and our lawyers.  Information on this website may not constitute the most up-to-date legal or other information.  Readers of this website should engage a lawyer to obtain advice with respect to any particular legal matter.

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