When Surveillance and Separation Collide
Divorce is more than the division of assets and custody—it’s also about regaining privacy, autonomy, and the right to feel safe in your own home. With the rise of smart home devices, security cameras, and remote monitoring technology, one increasingly common question arises in post-divorce disputes: can you remove your ex’s security cameras from your house?
The answer is not always simple. It depends on who owns the property, whether the home is classified as marital or non-marital, the terms of the final judgment or settlement agreement, and how Florida law treats privacy and property rights in divorce. It also depends on the nature of the surveillance and whether it violates any civil or criminal statutes.
A Tampa divorce lawyer can help you navigate these complex legal and factual issues, particularly when cameras have become a form of harassment, control, or unauthorized monitoring. In many cases, removing the cameras is lawful and appropriate. In others, doing so without court approval could trigger legal consequences, especially if the devices are still technically considered marital property or if removal violates a standing order.
This article explores the legal framework governing surveillance after divorce, property rights involving security cameras, how to assert your privacy rights without violating Florida law, and what a Tampa divorce lawyer can do to help you reclaim control over your home.
Ownership of the Home: Marital or Non-Marital?
The first step in determining whether you can remove your ex’s security cameras is to determine who owns the property. This issue is at the heart of the legal analysis.
- If You Solely Own the Home Post-Divorce
If the house was awarded to you in the divorce settlement or judgment and is solely in your name, you generally have the right to control what devices are installed on the property. In this case, removing your ex’s cameras is not only legal—it is expected. Your ex has no ongoing right to monitor a property they no longer own or occupy. - If the Home Is Still Jointly Owned
In some post-divorce arrangements, both parties may remain co-owners of the home for a transitional period. In this case, the answer depends on whether your ex has legal rights to access the home and whether the camera system was included in the marital division. If the cameras were installed during the marriage and not explicitly awarded to either party, they may be considered jointly owned marital property. Removing or destroying them without agreement or court order could be problematic. - If You Are Renting the Home
If you are living in the home as a tenant or leaseholder post-divorce, and your ex is the property owner, your rights depend on the lease terms and landlord-tenant laws. You may be able to object to surveillance that intrudes on private areas or violates state privacy laws.
A Tampa divorce lawyer will examine your divorce decree, title documents, and other property records to determine your legal standing.
Who Owns the Security Cameras Themselves?
Even if the house is now yours, the cameras themselves may be considered personal property. If the security system was installed by your ex and was not addressed in the divorce, ownership can be disputed.
Key questions include:
- Was the system purchased during the marriage with marital funds?
- Was it explicitly assigned to one party in the property distribution?
- Is the system hardwired into the home or easily removable?
- Are there ongoing service contracts, cloud storage, or monitoring subscriptions?
If the cameras were marital property but the court awarded them to your ex, removing or disabling them may require notice or legal permission. If they were not specifically addressed, and you are now the sole property owner, you may have the right to remove them, but you should consult a Tampa divorce lawyer to clarify your position before acting.
Privacy Rights After Divorce in Florida
Florida recognizes a strong right to privacy, both constitutionally and through common law. Once a divorce is final and a person no longer resides in or owns the home, they generally lose any right to observe or record activity inside or around the property—unless otherwise authorized by court order or agreement.
If your ex is continuing to monitor your activity through exterior or interior cameras after moving out, this may constitute:
- Invasion of privacy
- Harassment or stalking
- Violation of state wiretapping or surveillance laws
Florida Statute § 934.03 makes it unlawful to intercept or record oral communications where there is a reasonable expectation of privacy, without consent. While this statute applies primarily to audio recordings, it may also apply to cameras with audio capabilities.
A Tampa divorce lawyer can help you determine whether the ongoing surveillance constitutes an actionable privacy violation, and whether you can pursue civil remedies or seek injunctive relief.
The Role of Your Divorce Judgment or Settlement Agreement
If the final judgment or marital settlement agreement specifically mentions the security system, its terms will govern your rights. Provisions may include:
- Assignment of the security system to one spouse
- Responsibility for removing or maintaining the devices
- Restrictions on access to surveillance footage
- Obligations to transfer account credentials or delete stored video
When agreements are silent on the issue, interpretation becomes more complicated. Courts may look at intent, usage history, or the nature of the devices to determine how they should be handled post-divorce.
A Tampa divorce lawyer can review your final order to determine whether you are authorized to remove the cameras or whether you need court approval before making any changes.
Security Cameras as a Form of Post-Divorce Harassment
In some cases, surveillance is not about property—it’s about control. Security cameras can be used as a means to:
- Monitor a former spouse’s comings and goings
- Gather evidence for future litigation
- Intimidate or harass the resident of the home
- Maintain access to private information after the marriage ends
When used for these purposes, the court may intervene. Florida’s domestic violence statutes authorize injunctions for protection when one party engages in a pattern of harassment, stalking, or unwanted surveillance.
A Tampa divorce lawyer can file a motion seeking:
- Removal of cameras from the property
- Termination of remote access by the ex-spouse
- Entry of a protective order prohibiting further surveillance
In some cases, law enforcement may become involved if there is evidence of stalking or criminal voyeurism.
When Removing the Cameras Could Backfire
While the desire to remove your ex’s cameras may be understandable, doing so without legal authority could expose you to legal claims, especially if:
- The cameras are considered jointly owned property
- Your ex has not been given notice or opportunity to retrieve them
- The cameras are destroyed rather than removed
- A court order prohibits tampering with household items during pending litigation
A Tampa divorce lawyer will assess whether you can remove the cameras safely or whether it is better to file a motion for exclusive control or a declaratory judgment clarifying your rights.
Practical Steps for Lawfully Removing Security Cameras
If you believe you are legally entitled to remove your ex’s cameras, follow these best practices:
- Consult Your Divorce Decree or Settlement Agreement
Ensure the cameras were not assigned to your ex or included in a shared property schedule. - Determine the Property Ownership Status
Confirm that you are the sole owner or tenant with full rights of control. - Check for Existing Orders or Injunctions
Make sure there is no standing order prohibiting changes to the home or shared technology. - Send Written Notice to Your Ex (If Needed)
Offer a time-limited opportunity to retrieve the devices if ownership is unclear. - Disable Remote Access to Systems or Accounts
Change passwords, cancel monitoring services, and reset routers or hubs linked to the system. - Photograph the Cameras Before Removal
Document the condition and location of each device in case of future disputes. - Store the Cameras Temporarily (If Disputed)
Avoid destruction or disposal until legal ownership is confirmed. - Contact a Tampa Divorce Lawyer
If you’re uncertain about your rights, seek a legal opinion before acting.
Following this process not only protects your rights but minimizes the chance of further conflict.
Can You File a Motion to Remove the Cameras?
Yes. If the cameras remain in place and your ex refuses to remove them or relinquish access, your Tampa divorce lawyer can file a motion in the court that handled the original divorce. Options include:
- Motion for enforcement (if the judgment addressed the issue)
- Motion for clarification (if the judgment is silent)
- Motion for exclusive use and control of the residence
- Request for injunctive relief prohibiting further surveillance
- Petition for contempt (if the surveillance violates court orders)
Florida courts are increasingly recognizing that post-divorce digital intrusion—like continued access to cameras, email accounts, or smart home devices—is a modern form of harassment that warrants court intervention.
Dealing With Shared Smart Home Devices
Modern security systems are often connected to smart home networks that control:
- Thermostats
- Lighting
- Door locks
- Voice assistants (e.g., Alexa, Google Home)
- Alarm systems
If your ex retains access to these devices after the divorce, it may present a security risk. You should:
- Change all passwords
- Reset devices to factory settings
- Remove old users from smart home apps
- Contact device manufacturers to disable remote access
A Tampa divorce lawyer may recommend that divorce settlements include language specifically requiring the relinquishment of access to smart home accounts to avoid ongoing interference.
When Surveillance Crosses the Legal Line
If your ex continues to monitor you after divorce, even from afar, their conduct may cross into criminal behavior. Potential offenses include:
- Stalking (Fla. Stat. § 784.048): Includes repeated surveillance that causes emotional distress
- Voyeurism (Fla. Stat. § 810.14): Includes unauthorized observation in areas where there’s an expectation of privacy
- Harassment: May support an injunction for protection against domestic violence
A Tampa divorce lawyer can assist in gathering evidence and filing the appropriate legal actions to stop unlawful surveillance.
Conclusion: Regaining Control of Your Home After Divorce
The end of a marriage is supposed to bring closure. But when your ex still has eyes on your home through leftover security cameras, it’s more than an annoyance—it’s a violation. Whether the cameras were part of a jointly owned system, remain in place as a power play, or were simply never removed, you don’t have to live with them forever.
A Tampa divorce lawyer can help you take back control of your property and your privacy. By reviewing your divorce judgment, assessing ownership rights, filing the appropriate motions, and ensuring compliance with Florida law, you can remove unauthorized surveillance and finally make your home your own again.
FAQ: Removing Your Ex’s Security Cameras from Your House
Can I legally remove my ex’s security cameras from my house?
Yes, if you own the home and the cameras are not considered your ex’s personal property, you can usually remove them. However, check your divorce judgment and consult a Tampa divorce lawyer before taking action.
What if the cameras were installed during the marriage?
They may be considered marital property. If they weren’t addressed in your divorce, ownership could be disputed. Legal advice is essential before removal.
Is it illegal for my ex to keep watching me through cameras?
If your ex no longer lives at the property, continuing to monitor you may violate Florida privacy and stalking laws.
Can I file a motion to have the cameras removed?
Yes. Your Tampa divorce lawyer can file a motion with the court that handled your divorce asking for an order requiring removal or blocking access.
Do I have to give the cameras back to my ex?
If they were awarded to your ex in the divorce or belong to them as personal property, you may have to return them after removing them.
What if the cameras have audio recording features?
Florida law prohibits recording private conversations without consent. Audio-enabled cameras inside your home may violate wiretapping statutes if used without your knowledge.
What if the home is still in both our names?
If you and your ex still co-own the home, removing the cameras could be contested. Legal advice is crucial in this scenario.
Can I change the passwords and disconnect the system?
Yes, especially if you’re now the sole occupant. Change all passwords and remove your ex’s access to cloud storage or monitoring services.
What if I’m afraid my ex is stalking me?
Talk to your Tampa divorce lawyer about seeking an injunction for protection against stalking or harassment.
Should my divorce settlement have addressed the cameras?
Ideally, yes. Security systems and smart home access should be included in property division. If your agreement didn’t address this, a post-judgment motion may be needed.
The McKinney Law Group: Tampa Divorce Attorneys Helping You Move Forward with Confidence
At The McKinney Law Group, we provide the clarity and direction you need to navigate divorce with purpose. Serving clients across Tampa, we offer legal strategies tailored to your goals—whether you’re protecting your children, your assets, or your peace of mind.
We assist with:
✔ Initiating divorce proceedings and guiding you through each step
✔ Crafting parenting plans that prioritize your child’s well-being
✔ Dividing complex assets, including retirement and investments
✔ Determining fair spousal and child support
✔ Modifying or enforcing existing family court orders
To schedule your confidential consultation, call 813-428-3400 or email [email protected].