Can a Spouse Lock You Out in California? No—It's Illegal

No. In California, a spouse cannot legally lock the other out of the marital home—regardless of whose name is on the title or lease.

Legal Basis

• Community Property State: Both spouses have equal right to occupy the family residence during marriage (Family Code § 721, 1100).
• Illegal Lockout: Changing locks, removing doors, shutting off utilities to exclude a spouse is a civil wrong (Civil Code § 789.3) and can constitute domestic violence (Family Code § 6320).
• Remedies: Locked-out spouse can:
  • Call police (civil standby to re-enter).
  • File for Domestic Violence Restraining Order (DVRO) – includes "move-out" or "stay-away" orders, but only a judge can order exclusion.
  • Seek ex parte emergency orders in family court.
  • Sue for damages (actual + punitive, attorney fees).

Exceptions (Court-Ordered Only)

A judge may grant exclusive use of the home to one spouse via:

• DVRO (if abuse proven).
• Temporary orders in divorce (Family Code § 6321).
• Emergency protective order (law enforcement request).

Bottom Line

Self-help lockouts are illegal. If locked out, call 911 or a family law attorney immediately. Document everything. The law protects your right to the home until a court says otherwise.