Can I change the locks on a co-owned property in Florida without risking trespass or burglary charges? | Florida Probate | FastCounsel
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Can I change the locks on a co-owned property in Florida without risking trespass or burglary charges?

Can I legally change the locks on a property I co-own in North Carolina without risking a breaking and entering charge? - Florida

The Short Answer

In Florida, changing the locks on a co-owned property can create serious legal risk if it effectively locks out another co-owner who has a lawful right to be there. Even if you are on title, a lockout can quickly turn into allegations of trespass or burglary depending on what happens next and whether you are considered “authorized” to exclude the other person.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to a co-owner dispute is rarely simple. Legal outcomes often depend on:

  • Strict Deadlines: If the conflict is tied to an estate administration, creditor issues, or a pending court case, timing and court orders can control what you can do with the property.
  • Burden of Proof: In a criminal complaint, the key fight is often whether you (or the other person) were truly “authorized” to enter/remain and what notice was given—facts that can be disputed and misunderstood by police responding to a domestic/property call.
  • Exceptions: Florida has a limited “quick removal” process for unauthorized occupants of a residential dwelling, but it specifically requires that the person to be removed is not an owner or co-owner (unless there is title fraud). See Fla. Stat. § 82.036. Using the wrong process (or treating a co-owner like a trespasser) can backfire quickly.

Trying to handle a co-owner lockout alone can escalate into police involvement, restraining orders, or civil claims—especially when the property is inherited and emotions are high. A Florida probate/real property attorney can evaluate title, possession rights, and the best legal route (often partition or court-supervised resolution) without creating unnecessary criminal exposure.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.