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.
What Florida Law Says
Florida’s criminal laws focus on whether someone is “authorized, licensed, or invited” to enter or remain in a structure, and whether permission has been withdrawn. Co-ownership complicates this because co-owners often have overlapping rights of possession, and one co-owner typically cannot unilaterally treat the other as an “unauthorized person” just because there is a dispute.
The Statute
The primary law governing this issue is Fla. Stat. § 810.08.
This statute makes it a crime to willfully enter or remain in a structure “without being authorized, licensed, or invited,” or to refuse to leave after being warned by an owner/lessee (or an authorized person) to depart.
Relatedly, Florida’s burglary law can apply when someone enters or remains in a dwelling/structure without being “licensed or invited,” with intent to commit an offense inside. See Fla. Stat. § 810.02.
If your situation involves inherited property or a probate-related co-ownership dispute, the safer legal path is usually resolving possession and sale rights through the proper civil process (often a partition case) rather than “self-help” lock changes. For more background, see How does a partition action work in Florida for co-owned or inherited property?.
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
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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.