It depends.
Changing the locks can create legal problems even when someone’s intentions are reasonable. In Texas, both spouses generally retain an equal right to access and occupy the marital residence during a pending divorce – regardless of whose name is on the deed or which spouse is characterized as the primary owner – unless and until a court order says otherwise. Changing the locks to exclude the other spouse, without either their agreement or a court order permitting it, can be treated as interfering with that right, even if you’re the one who moved out or the one who stayed.
Many courts and Texas counties have standing orders that prohibit this, and a temporary restraining order (whether mutual or against you or your spouse alone) or temporary injunction may also be in place to restrict your ability to do this. Standing Orders automatically are put in place the moment a petition is filed, without either spouse needing to sign anything or even ask for it, restricting both parties from certain actions while the case is pending. Violating a standing order or a temporary restraining order can expose you to a contempt finding, regardless of how reasonable the underlying reason for changing the locks may have seemed.
If there’s a genuine need for one spouse to have exclusive use of the home while the divorce is pending – because of safety concerns, ongoing conflict, or another reason – the proper route is usually to ask the court for temporary orders granting exclusive occupancy, rather than acting unilaterally (one party acting on their own without specific permission to do so, or agreement of the other party). A judge can weigh the circumstances and issue an order addressing who has the right to stay in the home while the case is pending. Separately, if there are family violence concerns, a protective order (which is a distinct legal process from the divorce itself) can legally require the other spouse to stay away from the residence; that is a different and more urgent path than simply changing the locks.
Because changing the locks without authorization can carry real legal consequences – and because the right approach often depends on facts specific to your situation, including any standing order already in effect – this is a question to raise with an attorney before taking action, not after.
If you have questions about divorce, custody, or another family law matter or are ready to move forward with your matter in Dallas County or Tarrant County, contact us at (214) 999-0088 to speak with our office confidentially.