Can you change the locks on my spouse? You’ve spent years fixing up your property. You have watched your kids grow up. You have invested more money than you’d like to think about in the property.

Changing the locks during a divorce is a big decision. Now that you are getting divorced you would hate to move out and give up the property.

Alternatively, you may want to cash in on the equity in the home now that the Toronto housing market has skyrocketed.

If you live in Vancouver, contact us and we can connect you with a Realtor to discuss options.

When you want to prevent your spouse from returning home, get legal advice first. If you want to negotiate for the possession of the home, that is also something a family law group can assist with.

The end goal of a family law dispute should be the signing of a separation agreement.

The lawyers do several of these types of agreements per week, so the lawyers can give you excellent legal advice on them once you hire one of the lawyers.

Is it considered trespassing if my spouse changes the locks on our shared home?

It is generally considered trespassing if you enter a property without the consent of the owner or person in charge of the property. This includes entering a home that you used to live in or are currently living in but do not have permission to be in at that time.

If your spouse has changed the locks on your shared home and you do not have a key, it may be tempting to try and enter the property anyway. However, this could be considered trespassing and you could face legal consequences as a result.

It is important to remember that even if you are a joint owner of the property or are listed on the lease, you still need the consent of the other owner or person in charge to enter the property. If your spouse has changed the locks and is not allowing you to enter, it may be necessary to seek legal guidance or involve law enforcement to resolve the situation.

In any case, it is always best to try and resolve conflicts or disputes with your spouse peacefully and through legal channels rather than resorting to potentially illegal or harmful actions.

Should You Remain In The Home?

If you want to return to the home, make sure you do not have a no-contact order in place. Otherwise, you might get yourself arrested.

Most people who need a family lawyer are clear that they want to keep the family home for themselves.

Those who book a divorce consultation don’t know that they may need to take on the existing mortgage on the property. They will likely also have to pay out half of the property’s equity to your ex-spouse.

If you want to prevent your spouse from locking you out, speak to a lawyer today. The end goal should be creating a separation agreement that explains who will live in the home or if you can return to the home.

It might also be necessary to get a court order to resolve the issues.

The lawyers can help with the following (not a complete list):

occupancy order
legal advice
tenancy agreement
property division
dealing with domestic violence

Exclusive Possession Under The Family Law Act

There are very few exceptions in family law that allow you to divide the family home unequally. Few of these cases are cheaply decided upon in court. Most become a full-on family law battle.

It is an option to offset your ex’s share of the value of the home against other property holdings. You may be able to divide such investments or another property like a cottage or timeshare.

Change The Locks On My Spouse

If you want to sell the family home, typically your ex will be given an opportunity to provide you with a payout. This happens if you can agree to the value of the property before it is listed for sale.

You may think that this is going to cost you money that you might have made by listing the home for sale.

You should keep in mind closing costs for real estate transactions including Realtor’s fees can cost you close to 5 or 6% typically of the total sale of the home.

Everyone deals with separation and divorce differently. Some act out in anger and cause fear and frustration to the other party.

Others fear that they will be the brunt of verbal or physical abuse from their ex-spouse or family members.

Can I Change The Locks On My Spouse?

You should take action if you feel you are at risk. Raise these issues with your family lawyer and contact the local police. This is especially important if you feel you are being physically threatened.

In other cases, you may think that changing the locks to make sure your ex cannot enter the family home or other property will protect your interests.

Unless you have a court order allowing you to do so, you may be looking at dire consequences from both family court and possibly criminal court as well. You need to speak to a family lawyer before making any big decisions during a divorce.

In Ontario, the family home is deemed to be of shared interest between married spouses and if jointly owned by common-law spouses.

What this means is that regardless of all other dealings between yourself and your ex, the family home is going to be protected. In the family court’s mind, it is an asset to be divided equally between both spouses.

Calling The Police If In Danger

Neither spouse should lock the other spouse out of the home. The court may deem this action as an attempt to undermine the other spouse’s ownership rights to the property.

If you are unwilling to allow the other spouse into the home, you may be forced to vacate the home to allow your ex-entry to it.

The lawyers may be able to book a room for you at the Holiday Inn. We have special rates. We will do our best to accommodate you.

If this sort of action takes place after a family law court file is open, you may even have a court order that your ex takes over living in the family home. This may continue until you can reach either an agreement or deal with your family law file completely.

Have more questions about changing the locks during a divorce? If your ex has kicked you out of the home and has changed the locks you should contact a family law firm as soon as possible to rectify the situation.

If nothing is done to ensure you are allowed entry into the family home, then the court will be less likely to redirect control of the property in the interim. You must act quickly to bring the issue to the courts.

Can I change the locks on a home that I jointly own with my spouse?

If you and your spouse jointly own a home, you both have the right to use and occupy the property. However, this does not give either of you the right to exclude the other person from the property or change the locks without their consent.

Changing the locks on a shared home without the consent of your spouse can be a complicated and potentially risky action. It could be seen as a violation of your spouse’s right to use and occupy the property and could potentially lead to legal consequences.

If you are having difficulties with your spouse and are considering changing the locks on your shared home, it is important to seek legal guidance before taking any action.

There may be other options available to you, such as seeking a restraining order or mediation, to address any conflicts or issues you are experiencing.

It is also important to remember that any actions you take could have long-term consequences on your relationship with your spouse and on your ownership of the property. It is always best to try and resolve conflicts peacefully and through legal channels whenever possible.

Author: Alistair Vigier

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Changing the Locks on Your Spouse: Is it Legal?