Understanding Your Rights in a Separation: Changing Locks and Retrieving Left-Behind Property
Introduction
When a marriage ends, there are numerous legal issues that must be addressed. These include property division, support, and child custody. However, in the early stages of separation, one of the most immediate concerns relates to the matrimonial home. In this post, we will discuss changing the locks and retrieving property left behind, two common issues that arise in the context of a separation.
Changing The Locks
The question of whether a spouse who remains in the matrimonial home can change the locks to exclude the other is a common one. In Ontario, the short answer is no. Both spouses have an equal right to possession of the matrimonial home under the Family Law Act, R.S.O. 1990, c. F.3. This right persists even after separation unless a separation agreement has been reached, or a court order has been granted for one spouse to have exclusive possession. Without such mechanisms in place, neither spouse can lock out the other. In fact, both spouses have a right to live in the home until a resolution is reached.
Retrieving Property Left Behind
Even after moving out, a spouse cannot simply return to the matrimonial home at will to retrieve personal property. Adequate and reasonable notice of any intention to return must be given. If a court order for exclusive possession has been obtained, the order usually allows the other spouse to re-enter the home for specific purposes, provided notice is given in advance. If the circumstances warrant it, the court may also change the locks.
The Order of Exclusive Possession
An order for exclusive possession simply grants one spouse the right to live in the matrimonial home to the exclusion of the other. It does not grant the remaining spouse the right to sell or dispose of any furniture or other belongings. The right to dispose of property only comes after all the separation and divorce issues, including the equalization of net family property, have been fully resolved by a court.
Conclusion
The early stages of separation can be fraught with emotional and legal challenges. Understanding your rights regarding the matrimonial home is crucial. In Ontario, both spouses have equal rights to the home, and neither can change the locks or freely retrieve left-behind property without certain agreements or orders in place. It is always recommended to seek legal advice to navigate these complex issues during a separation.
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