The Common Sense Guide to:
Can I Change The Locks
Am I Allowed To Change the Locks on the Matrimonial Home?
Financially Smart Divorce Strategies
Look, I get it—divorce is tough, and emotions run high. But before you think about changing the locks on the matrimonial home to keep your spouse out, you need to understand the law in Ontario.
It’s not as simple as “I own the house, so I can change the locks.” In fact, the Family Law Act in Ontario has specific rules that protect both spouses when it comes to the matrimonial home.
Let’s break it down.
Your Legal Rights - Changing the Locks
So, can you change the locks on your home? In short, no—you cannot change the locks without either permission from your spouse or a specific Order from a judge.
If your home is the matrimonial home, under the Family Law Act, both you and your spouse have an equal right to possession, regardless of whose name is on the title. This means that even if your spouse has moved out, they can return to the home without your permission.
In a Nutshell: What Does The Law Say About Changing the Locks?
Ownership of the Home: If you and your spouse jointly own the home, both parties typically have equal rights to access the property. Changing the locks without the other party’s consent may lead to legal complications.
Matrimonial Home Rights: The matrimonial home in Ontario is subject to specific rules under the Family Law Act. Both spouses have an equal right to possession of the matrimonial home, regardless of who holds the legal title.
Court Orders or Agreements: If there are court orders or separation agreements in place regarding possession of the home, these should be followed. Violating such orders or agreements can have legal consequences.
Temporary Exclusion Orders: In certain situations, you may seek a Temporary Exclusion Order from the court, which allows you to exclude your spouse from the home temporarily. This is typically done through a legal process, and it’s advisable to consult with a family law attorney.
Get Legal Advice: Before taking any action, it’s essential to consult with a family law lawyer who can provide advice based on your specific circumstances. They can help you understand your rights, the legal implications of changing locks, and guide you through the proper legal procedures.
Communication and Cooperation: Whenever possible, open communication and cooperation can help prevent unnecessary conflicts. Discussing concerns with your spouse or seeking mediation may be beneficial.
Changing The Locks During Separation
In Ontario, changing the locks on the door during a divorce can be a complex legal matter, and it's crucial to follow the appropriate legal procedures. Generally, both spouses have certain rights to the matrimonial home, regardless of who legally owns the property.
Can I Get Into Trouble For Changing The Locks?
You cannot exclude your ex from the home without a legal Separation Agreement or a Court order. Legally your ex has the right to live in the property, and if you change the locks, they have the right to have them removed.
This could range from calling a locksmith or to contacting the police if they’re being denied access to the home. There are very few circumstances where you can change the locks without consequences, so it’s crucial to seek legal advice if this is a significant concern for you.
Before making any decisions, remember that changing the locks can unnecessarily escalate the situation, setting a very confrontational tone for your separation. This could make it much harder to resolve other issues amicably.
What If I Have A Separation Agreement?
After you split, you and your spouse will negotiated a legal Separation Agreement that will address the ownership of the Matrimonial Home.
A proper Separation Agreement, will address ownership and will have dictated how the title of the home is to be legally transferred from both parties to one spouse. Once the property has been legally transferred, your ex no longer has rights to access the home.
Once the home is in your name alone, you may change the locks.
What About Court Orders?
If you have a court order that clearly states who gets to stay in the home, that’s different.
Everyone must follow that court order to the letter. Violating it could land you in hot water legally. If someone is not obeying a court order, the police can be involved.
“Thinking about changing the locks on the matrimonial home?
Not so fast!
In Ontario, that house is still shared until a court says otherwise. Locking your spouse out without legal advice could land you in a world of trouble. It’s not about being nice—it’s about protecting yourself from a nasty legal battle.
The Common Sense Divorce will help you do things the right way, saving you from costly mistakes and making sure you stay on track with smart, informed decisions.”
For more than 25 years you have witnessed Gail Vaz-Oxlade‘s trademark straight-up money wisdom, both on Radio and Television, most notably as host of TVs Till Debt Do Us Part, Princess and Money Moron. Gail is a best-selling Canadian financial author.
“Thinking about changing the locks on the matrimonial home?
Not so fast!
In Ontario, that house is still shared until a court says otherwise. Locking your spouse out without legal advice could land you in a world of trouble. It’s not about being nice—it’s about protecting yourself from a nasty legal battle.
The Common Sense Divorce will help you do things the right way, saving you from costly mistakes and making sure you stay on track with smart, informed decisions.”
Splitting Up and The Matrimonial Home
What is the Matrimonial Home?
If you were living in the home with your spouse at the time of separation, then your home is likely what’s known as a “matrimonial home.” The Family Law Act defines a matrimonial home as ‘every property in which a person has an interest and that is or was at the time of separation, ordinarily occupied by the person and their spouse.’
The matrimonial home is treated differently than other property in Ontario. Under the Family Law Act, both spouses have an equal right to possess the matrimonial home, no matter who legally owns it. That means you can’t just lock your spouse out because you’re angry or want to move on. The law is there to protect both parties from being unfairly kicked out of their home during a separation or divorce.
When you separate, decisions about the matrimonial home will need to be sorted out, including equalizing the equity, changing the ownership title, dealing with the mortgage, and possibly selling the home.
Can My Spouse Force Me To Leave My Home?
If you’re married (not in a common-law relationship), both you and your spouse have an equal right to stay in your home—even if only one of your names is on the title. Since you both have the right to live in the home, neither of you can sublet, rent, sell, or mortgage it without the other’s consent. This applies even if you’re renting and the lease is in only one of your names.
What Happens To The Matrimonial Home?
When you separate, the general rule is that the home will be sold—either to you, your spouse, or a third party. It’s important to understand that whoever keeps the matrimonial home is agreeing to buy out the other party. This means they’ll need to pay their spouse half of the home’s equity and take over the existing mortgage. In most cases, the person staying in the home will need to qualify for a new mortgage based on their own income.
How to Avoid A Messy Divorce
Seriously consider mediation before lawyer litigation
If at all possible, stay out of the Family Courts
Gather and organize your financial documents
Do your homework, understand how divorce works in Ontario
What If I am Afraid of My Spouse?
If you’re afraid of your spouse, partner, or former spouse, and worry that they might harm you or your children, you may need to apply to the court for a restraining order or a temporary exclusion order.
Restraining Orders
A restraining order is issued by a judge in family court to help protect you and your children. It’s a court order that sets limits on what the person can do, based on what the court deems appropriate. The order might restrict where the person can go or who they can contact or communicate with.
Once a restraining order is in place, it will outline specific conditions that the person you fear must follow. The order can be general—such as requiring the person to stay away from you—or it can be more specific. For example, it might state that the person cannot come to your home, your workplace, your children’s school, or other places you frequent, like your place of worship or a parent’s home.
If the person disobeys the restraining order, the police can arrest them.
Temporary Exclusion Order
If you’re in a situation where living with your spouse is unbearable—maybe there’s abuse or harassment—you can apply for a Temporary Exclusion Order.
This order allows you to exclude your spouse from the home temporarily, but it’s not an easy process. You’ll need to speak with a lawyer, go to court and prove that excluding your spouse is necessary for your safety or the well-being of your children.
Will I Be Able To Keep My Home After Divorce?
Avoid costly mistakes—know your rights and responsibilities in Ontario. Move forward with a solid plan! Answer a few quick questions and instantly receive your FREE Ontario Divorce Plan specific to your situation. Start now and take control of your future!
Communication and Cooperation: Avoid Conflict Whenever Possible
Let’s be real—divorce is messy, but the more you can communicate and cooperate, the better.
Nobody is saying you need to be best friends with your ex, but keeping open lines of communication can help avoid unnecessary fights and legal complications.
If you can, try mediation with a service like The Common Sense Divorce. A mediator can help both of you work through the tough decisions without lawyers or courts getting involved, which means less stress and less money out of your pocket.
Bottom Line on Changing The Locks
Changing the locks on the matrimonial home in Ontario isn’t as simple as it sounds.
Both you and your spouse have equal rights to the home, and if you ignore those rights, you could be facing legal consequences. Instead of rushing to make a move that could backfire, understand your rights, responsibilities and obligations.
Access the FREE Ontario Divorce Guide and Planner. Create a Plan BEFORE matters are escalated or things get out of hand.