By Brandy J Thompson, Michigan Divorce Attorney
For many couples in Mid-Michigan, including those living in Lansing, Charlotte, St. Johns, Eaton County, Ingham County, Clinton County, or Ionia, filing for divorce can be a difficult decision. Divorces can be contentious, and one of the most difficult questions that comes up is whether you can change the locks on your home to keep your spouse out.
Under Michigan law, your rights depend on a few factors. This blog takes a closer look at what the law says regarding the marital home for those living in Ingham, Eaton, Clinton, or Ionia Counties.
If the Home Is Titled in Both Your Names
Under Michigan law, if both you and your spouse are listed as owners of the home, regardless of who paid for it, you both have an equal right to live there during divorce proceedings. Changing the locks without your spouse’s permission or a court order could backfire and harm your case.
If you want your spouse to move out, you’ll need to file a motion for exclusive possession of the marital home. Courts in:
- Ingham County (Lansing, East Lansing, Mason)
- Eaton County (Charlotte, Eaton Rapids)
- Clinton County (St. Johns, DeWitt)
- Ionia County
will only grant this relief for good cause, such as:
- Domestic violence or safety concerns
- Serious emotional harm to children
- Extreme conflict that disrupts the household
Michigan judges generally avoid orders that would leave a spouse homeless without compelling justification.
Foregoing the legal process or acting prematurely could damage your credibility in court. Michigan judges often frown on “self-help” remedies that sidestep due process.
If the Home Is Titled in Just Your Name
If the marital home is solely in your name, you may have more legal leverage. But even in this case, your spouse may still have a legal right to remain in the home, especially if the property is considered part of the marital estate. You should never make a decision about changing locks without input from your divorce attorney.
In Mid-Michigan, judges often consider more than just whose name is on the title. If your spouse contributed to household expenses, helped maintain the home, or if children are living in the residence, the court will be reluctant to remove them without a hearing and a showing of good cause.
The appropriate course is always asking your attorney to file a motion requesting exclusive use of the home through a temporary order. However, be careful about explaining your reasons to the judge.
If You Rent the Home
If you are renting a home in Lansing, Grand Ledge, Portland, or elsewhere in Mid-Michigan, and the lease is in both your names, you and your spouse likely have equal rights to occupy the space. Changing the locks without a court order could lead to legal trouble with your landlord. If there are concerns about domestic violence, you should consult with an attorney regarding your rights under the Violence Against Women Act (VAWA), which contains certain rights regarding lease agreements for victims of domestic violence.
Even if only one spouse is listed on the lease, courts still tend to favor a hearing to determine living arrangements.
What Should You Do?
If you want your spouse to leave the home during the divorce process, don’t simply change the locks. Consult with your family law attorney and request a court order for exclusive possession of the home. This is the legal, enforceable way to evict your spouse from your home.
At The Kronzek Firm, we help spouses throughout Mid-Michigan, including Ingham, Eaton, Clinton, Jackson, and Ionia Counties, navigate complex legal issues like this during divorce proceedings. Our divorce attorneys can help you protect your rights and move forward with confidence. We have over 30 years of experience representing people in Lansing, Charlotte, St. Johns, Ionia, Jackson, and throughout Mid-Michigan in cases such as:
- Divorce
- Legal separation
- Division of assets
- Enforcement of court orders
📞 Our attorneys have helped thousands of Michigan clients since the last century. You can reach our Lansing office by email at contactus@kronzek.law or by calling (517) 886-1000. We can be available during the weekend and evenings by appointment.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]