Have you ever been so frustrated during an argument with your spouse that you considered changing the locks?
Before you reach for that key or call the locksmith, pause and think again. Even if a property is registered in your name alone, preventing your spouse from entering could have serious legal consequences – and that's all due to a legal principle called spoliation.
What is Spoliation?
Spoliation is when someone is wrongfully deprived of possession of something they are entitled to. In plain terms, our law wants to stop people from taking matters into their own hands. If your spouse has been living with you, you can't just decide to lock them out – even if you believe you're in the right. The Court considers such an act as “spoliation,” and it can quickly turn into a legal nightmare if not handled properly.
But what about Gender-Based Violence?
If you're experiencing abuse and need to protect yourself, you do have lawful remedies. For instance, you can approach the Domestic Violence Court to apply for a protection order (or interdict). If granted, the court can stipulate in that order that the abuser is not allowed on the property. That way, you're legally safeguarding yourself – without resorting to changing the locks on your own.
What if You're the one who's been Locked Out?
If you've lived in a property (regardless of who owns it) and suddenly find that your spouse has locked you out after an argument, you may approach the court on an urgent basis to regain access. The courts take spoliation seriously because they want to prevent self-help measures that escalate disputes rather than resolve them.
Don't Go It Alone – Seek Professional Help
Spoliation and domestic violence matters can be complicated. Whether you fear for your safety or you've been locked out of your home, do not act without understanding your legal rights and remedies.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
