What Georgia law says about security, property rights, and protecting your peace of mind.
When a marriage ends, things get complicated fast—especially when one spouse moves out and the other is left behind asking a very common question:
“Can I change the locks now?”
The answer? It depends.
Let’s break it down.
You Can’t Just Change the Locks Because You’re Angry
In Georgia, even if your spouse moves out, they may still have a legal right to access the marital home—unless a judge has said otherwise. If your name is the only one on the deed or lease, you might assume you can do whatever you want with the property. But if you’re married, things get murkier.
That’s because marital property rights don’t disappear just because someone leaves. Without a court order, changing the locks could actually be seen as denying access to shared property, and in some cases, it could lead to legal consequences.
What Courts Care About: Orders, Safety & Fairness
If you’re feeling unsafe or there’s a history of domestic conflict, it’s a different story. The courts take safety seriously. In those cases, a Temporary Protective Order (TPO) or a motion for exclusive use of the marital residence can give you the legal right to change the locks.
In other words:
- You can’t change the locks just because you’re frustrated.
- You can change the locks if a court order grants you exclusive possession.
When Is It Safe to Switch the Locks?
You should consider changing the locks only if:
- A court order gives you the house or exclusive occupancy
- Your divorce is finalized and the property is awarded to you
- A protective order has been granted for your safety
If you’re not sure? Call a family law attorney—don’t guess.
Why This Matters: Property Battles Start Small
Changing the locks might seem like a simple thing, but it can trigger much bigger problems—like claims of unlawful eviction, harassment, or contempt of court.
The best solution? Get legal clarity first. Let an attorney help you file the right paperwork so you can sleep soundly and legally.
Need to Know What’s Legal in Your Situation?
We help clients all across Georgia navigate complex divorce issues with clarity and confidence.
Whether you’re in Augusta, Columbia, Burke, or Richmond County—you don’t have to figure this out alone.
Contact Catherine Verdery Ryan to schedule a confidential consultation and protect your rights the right way.