I’m separated – can I change the locks?
When relationships become strained or come to an end, one of big questions that comes to mind is, can I change the locks? This issue is crucial as it involves both legal and practical considerations that impact the safety and rights of the people involved.
In Victoria, property rights in relationships are governed by laws like the Family Law Act 1975 (Cth) and the Family Violence Protection Act 2008 (Vic). These laws are there to protect everyone involved, whether you’re married, in a de facto relationship, or just sharing a space.
The right to change locks on a house depends on ownership and occupation rights. If you are the sole owner of the property, you generally have the right to change the locks without seeking permission from anyone else. However, if the property is jointly owned or leased, the situation becomes trickier.
When a property is jointly owned or leased, changing the locks unilaterally can create issues because both people typically have a right to access the property unless a court order or formal agreement specifies otherwise.
In situations involving family violence or threats to personal safety, the Family Violence Protection Act 2008 (Vic) provides mechanisms to protect individuals. This includes obtaining Family Violence Intervention Orders (FVIOs) which can restrict the other person’s access to the property including requiring locks to be changed for safety reasons.
Before you change the locks, you should also consider the practical implications. Check your tenancy agreements, talk to your landlord (if you have one), and keep communication open with anyone else involved. It’s all about avoiding misunderstandings or disputes.
Changing locks in Victoria isn’t just about who wants to keep who out—it’s about rights, safety, and respecting everyone’s space. By understanding the rules and seeking advice when needed, you can handle this aspect of relationships with clarity and confidence.
For further information or legal advice tailored to your situation, please contact the Family Law team or Jessica Black on (03) 9739 7377 for further advice.
Written by RNG Lawyers Family Law Solicitor, Jessica Black.