The end of a cohabitation or marriage brings with it a significant emotional burden, often accompanied by the desire to protect one's own space and peace of mind by removing the other spouse. One of the most frequently asked questions during initial consultations concerns the possibility of preventing the partner from accessing the shared home. However, acting impulsively in such a situation can lead to very serious legal consequences. As a lawyer specializing in family law in Milan, Avv. Marco Bianucci emphasizes the importance of understanding the distinction between ownership and possession before taking any action that could compromise your legal standing in a future separation.

The Legal Framework: Possession and Ownership of the Marital Home

To understand whether it is lawful or not to change the locks before a judge has ruled, it is necessary to analyze the legal concept of possession. In our legal system, the family home is considered the place where domestic life takes place, and by virtue of the marital bond, both spouses have a right of enjoyment over the property. This right exists regardless of who the actual owner of the property is. Even if the house is the sole property of one of the spouses, the other is considered a qualified holder or co-possessor until a judicial order states otherwise.

Changing the locks without the other spouse's knowledge or against their will constitutes what the Civil Code defines as violent or clandestine dispossession. Article 1168 of the Civil Code provides for the action of reintegration: the excluded spouse can go to court and obtain an urgent order for the immediate handover of the new keys and the restoration of access to the home. In addition to civil consequences, which include being ordered to pay legal costs and potential damages, such conduct could expose one to criminal risks, such as the crime of arbitrary exercise of one's own rights (Art. 392 of the Criminal Code) or, in more serious cases, private violence.

The Bianucci Law Firm's Approach to Managing Marital Crisis

When faced with highly conflictual domestic situations, the strategy adopted by the Bianucci Law Firm aims to protect the client by preventing tactical errors that could prove costly in judicial separation proceedings. The approach of Avv. Marco Bianucci, a lawyer specializing in family law in Milan, is based on a rigorous analysis of the facts: is there a situation of physical danger? Has there been a voluntary abandonment of the marital home? Every detail is crucial in establishing the correct course of action.

Instead of resorting to forceful actions like changing the locks, which often backfire legally, the firm works to obtain a presidential order assigning the family home in a timely manner. In cases where cohabitation has become intolerable or dangerous, legal instruments such as protection orders against domestic violence are immediately activated, which allow for the legitimate removal of an abusive spouse, sanctioned by the judicial authority. Entrusting yourself to the expertise of Avv. Marco Bianucci means managing the crisis with rationality, transforming an emotional reaction into a solid and unassailable procedural strategy.

Frequently Asked Questions

Can I change the locks if the house is 100% in my name?

No, ownership of the property does not authorize the owner to exclude the spouse or cohabitant. The right to live in the family home derives from the emotional bond and stable cohabitation, which protects possession of the property until a judge orders exclusive assignment or the end of cohabitation is legally formalized.

What happens if I change the locks while my spouse is at work?

This action constitutes clandestine dispossession. The excluded spouse can file an urgent court application to be reinstated in possession of the property. The judge will most likely order the immediate handover of the keys and order the person who changed the locks to pay the legal costs of the proceedings.

If my spouse left home voluntarily, can I change the locks?

This is a delicate situation. If the departure is permanent and the spouse has taken their personal belongings, indicating an intention not to return, this could constitute abandonment of the marital home, thereby terminating possession. However, to avoid risks, it is essential that this abandonment is unequivocal. A lawyer specializing in family law will always advise formalizing the situation before physically preventing access.

Are there exceptions in cases of domestic violence?

In the presence of serious danger to one's own safety or that of the children, safety is the priority. However, the correct path is not the