Disclaimer: This article is not legal advice and does not create an attorney-client relationship. This article is provided for educational purposes only. Contact us today at attorneys@whidbey.com if you would like to retain an attorney.

If you are considering divorce in Island County, WA—whether on Whidbey or Camano Island—you may be wondering whether you have the right to change the locks on your home. Divorce is a stressful process, and securing your living space can feel like an important step in protecting yourself and your peace of mind. However, before making any decisions, it’s crucial to understand the legal implications under Washington State law.

Understanding Property Rights During Divorce

Washington is a community property state, meaning that most assets and debts acquired during the marriage belong to both spouses equally. This includes the marital home, even if it is only in one spouse’s name. Because of this, your right to change the locks depends on several factors:

1. Who Owns or Leases the Home?
   • If both spouses are on the deed or lease, then both generally have a right to access the home until a court order states otherwise.
   • If the home was owned by one spouse before the marriage and remains in their name alone, they may have a stronger argument for exclusive use.
2. Has a Court Issued Temporary Orders?
   • Once divorce proceedings are initiated, either spouse can request temporary orders from the court. These orders may grant one spouse exclusive use of the home, making it lawful to change the locks.
   • If you change the locks without a court order and your spouse has a legal right to access the home, they could call law enforcement or take legal action to regain entry.
3. Domestic Violence Considerations
   • If domestic violence is a factor, you may be able to obtain a protection order that legally restricts your spouse’s access to the home. In this case, changing the locks is not only allowed but a good idea for your safety.

What Should You Do Before Changing the Locks?

If you are unsure about your rights, consider taking the following steps:

• Consult with a Divorce Attorney familiar with Island County Laws: Every situation is unique. An experienced divorce lawyer can help you understand your rights and obtain the necessary court orders to secure your home legally.
• File for Temporary Orders: If you need exclusive use of the home, requesting temporary orders from the court can provide clarity and legal protection.
• Consider Mediation or Negotiation: In some cases, discussing living arrangements with your spouse through legal counsel or mediation can lead to an agreement that avoids conflict.

Get Legal Help for Your Divorce in Island County

Navigating a divorce in Island County, WA, can be complex, especially when it comes to property rights and home access. At the Law Offices of Andrew F. Scott & Associates, PLLC, we provide experienced legal guidance for clients on Whidbey and Camano Islands. Whether you need help with property division, child custody, or securing your home during divorce, we are here to assist you.

If you have questions about your rights or need legal representation, contact our office today for a consultation. Protecting your future starts with the right legal advice.