Changing the Locks During a Divorce
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.
*You can call our family law firm toll free at 1-844-466-6529. Locations in BC, Ottawa, and Toronto
If 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 our family law group can assist with. The end goal with a family law dispute should be the signing of a separation agreement. We do several of these types of agreements per week, so we can give you excellent legal advice on them once you hire our firm.
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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 that need a Toronto family lawyer are clear that they want to keep the family home for themselves. Those that 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.
Our law firm can help with the following (not a complete list):
- occupancy order
- legal advice
- property division
- dealing with domestic violence
Changing the Locks During a Divorce
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.
Have questions about Changing the Locks During a Divorce? You can also file out the “book now” contact form and someone will get back to you right away! You can also call us toll-free at 844-466-6529
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 include 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.
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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.
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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.
Our family law firm 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 our 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.
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