Gail Vaz-Oxlade's Guide To:
Can I Change the Locks?
Financially Smart Divorce
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.
Gail Vaz-Oxlade's Guide To
Can I Change the Locks?
Financially Smart Divorce
Can I Change the Locks On The Matrimonial Home?
Probably the number one question asked when people first separate, “Can I change the locks on our home?” If you lived in it with your spouse at the time of separation then your home is likely what is called a “matrimonial home”. Under the Family Law Act, a matrimonial home is defined 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 his or her spouse’.
When you separate, decisions about the matrimonial home will need to be finalized, including equalizing the equity, changing the ownership title, dealing with the mortgage and perhaps even the selling of the home.
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Do you want to understand how Online Mediation can work for you? Book a free JOINT TELEPHONE CONSULT for you and your Spouse. We will gladly explain the entire process and its benefits.
CREATING A NEW FUTURE?
Choose the RIGHT solution!
Do you want to understand how Online Mediation can work for you? Book a free JOINT TELEPHONE CONSULT for you and your Spouse. We will gladly explain the entire process and its benefits.
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.
So Can I Change the Locks?
So can I change the locks on our home? In a nutshell, no you cannot change the locks without either permission from your spouse or an special Order from a judge. If your home is a matrimonial home, under the Family Law Act, regardless of the ownership, both you and your spouse have an equal right to possession of the home. This means that even though your spouse moved out of the home, they can come back into the home and do not need to ask your permission to do so.
You cannot exclude your ex from the home without an order from the Court. Your ex is entitled to live in the property and if you do change the locks, they are entitled to have the locks removed. This means that they can get a locksmith in or contact the police if they are not being allowed to enter the family home.There are very limited circumstances in which you can change the locks without any consequences and before you do anything you should seek legal advice if you changing the locks is a really big issue.
If you are thinking about doing this, remember that changing the locks may unnecessarily escalate your separation and start you both on a very aggressive footing and may hinder your from being able to deal with other issues in an amicable matter.
Can I Stay In The Home?
If you are married (as opposed to common law), you both have an equal right to stay in your home – even if only one name appears on the title. Since both of you have a right to stay in your home, neither of you can sublet it, rent it, sell it or mortgage it without the other’s permission. This is true even if you rent and your lease is in only one of your names.
What if I am Afraid of My Spouse?
What if I am afraid of my spouse? Can I change the locks then? If you are fearful that your spouse or partner or your former spouse may hurt you or your children, you may need to apply to the court for what is called a restraining order. A restraining order is made by a judge at the family court to help protect you and your child(ren). A restraining order is a family court order that limits what a person can as the court thinks is appropriate. The order might limit where a person can go, or who they can contact or communicate with.
Once in place. a restraining order will list conditions that the person you are afraid of must obey. The restraining order can be general – that a person has to stay away from you – or it can be specific. It can say that the person must not come to your home, to your place of work, to your children’s school or to other places where you often go (for example, your place of worship or your parent’s home).
If the person who has a restraining order against them, disobeys the restraining order, then the police can arrest them.
What Happens To The Matrimonial Home?
When you separate, the rule of thumb is that the home is going to be sold… either to you, to your spouse or to a third party. It is important to realize that whoever keeps the matrimonial home is actually agreeing to buy out the other party and will have to pay them their half of the equity in the home as well as assume the existing mortgage. This usually means that the person remaining 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
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
Changing the Locks: Points to Consider
- 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.
- Consult with a Lawyer:
- 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.