For many divorcing couples in White Lake, Novi, Royal Oak, Farmington, or West Bloomfield, or elsewhere here in Oakland County, a common question that arises during the early stages of a divorce is: Can I change the locks to make my spouse move out?
The short answer is: no, that’s a bad idea.
Let’s break down what protections Michigan law has regarding the marital home during a divorce in Oakland County.
If the Home Is Jointly Titled
If the marital home is titled in both your names, or even in one spouse’s name, then both spouses have equal legal rights to occupy the home, regardless of who paid for the home or whose been living there more recently. Under Michigan’s divorce laws, this means you cannot simply change the locks during divorce to exclude your spouse.
In Oakland County, you must request a court order for exclusive possession of the marital home if you want your spouse out of the house. Judges in Oakland County Circuit Court’s Family Division in Pontiac, where the Oakland County Circuit Court is located, will only grant this type of temporary order if there’s a compelling reason, such as:
- Allegations or evidence of domestic violence
- Situations where cohabitation is causing emotional harm to children
- A need to protect marital property from waste or destruction
Courts strongly disfavor “self-help” actions that ignore due process guarantees. Changing the locks without a court’s permission may hurt your credibility and negatively impact custody or property decisions later on.
If the Home Is in Your Name Only
If the house is titled solely in your name, you may think you can immediately force your spouse to leave. But under Michigan’s equitable distribution laws, that’s not necessarily the case. Your spouse probably has a marital interest in the home. That holds even if you bought the house before you married your spouse. The longer you two have been married, the harder it is to toss your spouse out of the house during the divorce case.
Oakland County judges, as well as the Family Court judges in Livingston County and Macomb County, routinely evaluate whether:
- The home is part of the marital estate or used as the marital residence.
- Your spouse has made financial or other contributions (e.g., mortgage payments, improvements, or upkeep)
- Minor children reside in the home
In these situations, your attorney will still need to file a motion for exclusive use and possession to lawfully remove your spouse from the home during the divorce process. However, sometimes the attorneys can reach an agreement for one of the spouses to vacate the marital home.
If You Rent Your Home in Oakland County
If you’re renting in cities like Oak Park, Ferndale, or Wixom, and both spouses are listed on the lease, each of you has the legal right to live in the home until a court says otherwise. Changing the locks in this situation—without a court order—may also violate the terms of your lease or expose you to liability.
If there are safety concerns, particularly related to domestic violence, Michigan law and federal statutes such as the Violence Against Women Act (VAWA) may provide additional protections. Consult with your divorce attorney right away.
How to Legally Remove a Spouse from the Home
If you’re asking, How do I get my spouse out of the house during divorce in Oakland County?—the answer is by agreement or by court order.
A skilled divorce attorney in Livingston County or Oakland County can file a motion requesting temporary exclusive possession of the marital home. This is the only enforceable and lawful way to have your spouse involuntarily removed, whether you’re in Howell, Rochester Hills, Brighton, Bloomfield Township, or Madison Heights.
Speak With an Experienced Oakland County Divorce Attorney
At The Kronzek Firm, we help spouses throughout Oakland County and the surrounding areas navigate complex legal issues like this during divorce proceedings. Our family law attorneys can help you protect your rights and move forward with confidence. We have over 30 years of experience representing people in Rochester, Troy, Birmingham, and throughout Oakland County in cases such as:
- Divorce
- Legal separation
- Division of assets
- Enforcement of court orders
📞 Our attorneys have helped thousands of Michigan clients since the last century. You can reach our Farmington Hills office 24/7 at (248) 479-6200.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]