Can You Change The Locks of Your Home In Your Separation or Divorce in Ontario?

Can You Change The Locks of Your Home In Your Separation or Divorce in Ontario?

Here’s a really common feeling among spouses getting separated or divorced: You would probably love to change the locks on your house when you are facing the end of your marriage or relationship.

I will discuss this important issue in this video.

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

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You actually cannot change the locks on your home when you get separated or divorced in Ontario when you are married.

You and your spouse both have equal possession of the matrimonial home even when you are getting separated or divorced.  This means that you and your spouse both have the right to continue to live in the home and neither spouse can change the locks on your home.

You can only change the locks on your home in certain circumstances.  First, you can change the locks when you have resolved the property issues in your case, including ownership of your home, in a written separation agreement or court settlement.

You can also change the locks of your home if you get an order for exclusive possession for the matrimonial home. 

However, it is difficult to get an order for exclusive possession of the matrimonial home.  You must show that one spouse is making living conditions intolerable.  That is a difficult hurdle to get over. 

You will not get an order for exclusive possession by simply arguing that it’s very stressful and tense in the home.  That’s actually to be expected when separated spouses still live in the same residence.

When you are living in a common-law relationship, a common-law spouse can change the locks and evict you from the home when they are the sole owner of the property. 

However, this is a really bad idea for the common-law spouse who evicts the other spouse since they could easily face some serious problems in family court over this issue.

You need to get the advice of an experienced family lawyer before you take such drastic action as changing the locks on your home.  You can easily face some big problems in family court if you do this without proper legal advice.

If you have any questions about your separation, divorce or family law case and you would like our help, feel free to contact on my Facebook law office page, that’s O’Malley Family Law, or call me at 905-4343-8837 and I’ll point in you in the right direction. 

Click here to join my free Facebook GTA and Durham Region separation and divorce support group: GTA and Durham Region Separation and Divorce Support Group

Please make sure to share this important information with your friends, family members and co-workers.