The answer is “no.” You cannot change the lock or otherwise throw your spouse out of the marital home. Generally speaking, to exclude or evict a spouse during a divorce requires an Order from a court, either from the Maryland divorce court, from a Maryland District Court under an eviction complaint, or a court under a police complaint for assault, battery, domestic violence, or some other crime. If you have questions about a Maryland divorce and options for getting your spouse out of the marital home, call us at the Law Office of Robert Castro at (301) 870-1200. We are family law attorneys and divorce attorneys in Waldorf, Maryland. Here is a quick rundown of your options if you need your spouse out of the house.

Typically, a Maryland divorce court will not order a spouse out of the marital home unless there is provable evidence of physical or emotional abuse or some other danger. For this reason, the experienced and skilled Maryland divorce and family law attorneys at the Law Office of Robert Castro advise against any abusive behavior designed to “drive” your spouse out of the house. If you try that tactic, your spouse could “turn the tables” and use YOUR abusive behavior in the divorce proceedings to get you removed from the house or gain other advantages.

Concerning an eviction complaint — a forcible or wrongful detainer lawsuit — that type of lawsuit is not filed with the Maryland divorce court. That is a separate lawsuit filed in the county District Court. However, a wrongful detainer case can only be filed if one spouse is the only spouse on the title deed to the property. If both spouses are on the deed, a wrongful detainer lawsuit will not succeed and will be dismissed. A wrongful detainer lawsuit is expensive to file and prosecute and will not be resolved quickly — a couple of months at a minimum.

If the other spouse has committed a crime — like some form of domestic violence — then the victim should file a police complaint and request a protective order along with a safety-based eviction of the physically abusive spouse. Again, these particular actions are taken by the police and the county district court, not the divorce court.

The Best Option is a Negotiated Compromise

The best option is a negotiated compromise. Three standard options are:

• One spouse willingly agrees to vacate in exchange for something they want
• The spouses agree to alternate use/possession of the marital home, such as alternating weeks.
• The spouses agree to separate and exclusive spaces within the marital home (which may include some shared spaces like the kitchen or bathroom)

These may not be ideal solutions or even practical. But, the point is that if the spouses cannot live under the same roof while the divorce proceeds, some form of compromise is likely the best option.

Legal Consequences of Locking a Spouse Out of the House

During a divorce, many spouses ask, “Can I lock my husband out of the house?” or “Can I change the locks on my husband?” The legal answer depends on the circumstances. If both spouses are legally entitled to the home, changing the locks without a court order could lead to legal consequences. Courts generally view changing the locks on the house after separation as wrongful exclusion unless there is legal justification, such as a protective order.

For those wondering, “What do you do if a spouse locks you out of the house?” The first step is to determine legal ownership and rights to the property. If both spouses are named on the lease or deed, the locked-out spouse may have the right to regain access. In some cases, they may file a wrongful detainer lawsuit to contest the exclusion.

Another important legal consideration is whether locking someone out of the house is abuse. Courts may view an unjustified lockout as a form of emotional abuse or harassment, especially if it leaves one spouse without access to essential belongings or shelter. If domestic violence is a factor, the spouse seeking protection should obtain a court order before changing locks.

Ultimately, suppose one spouse wants to remove the other from the home. In that case, the best course of action is to pursue legal avenues rather than taking unilateral steps that may complicate divorce proceedings. Consulting an attorney ensures compliance with Maryland law while protecting both parties’ rights.

Contact Waldorf, Maryland Family Law, and Divorce Lawyer Robert Castro Today

The Law Office of Robert Castro has provided this article. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.