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Posts from the ‘Changing the Locks on the Matrimonial Home’ Category

Can I just change the locks?

Legally you are not entitled by law to change the locks with the express purpose of locking your spouse out of the home. Your spouse shares an equal right to possession of the home with you and has a right to be in the home.

Practically however, anyone can call a locksmith and ask them to change the locks on their own property. The probable outcome of such an action is that your spouse will turn around and do the exact same thing and a lock changing war can result. This... MORE »

When does the right to equal possession of the home end?

Typically the right to equal possession is a temporary arrangement while the parties work to resolve any matters which have arisen as a result of the breakdown of the relationship. Usually the only way that equal possession ends is through settlement of the matter and the establishment of a separation agreement. If your matter goes through the court system then one party can be granted exclusive possession on a temporary basis by way of a court order.

You can usually only get a court order for exclusive possession of the home... MORE »

If my spouse has received an order for exclusive possession can I ever enter the home?

Usually when an order for exclusive possession is made, the court order will also include a term that the other spouse can periodically enter or enter on a specific date for a pre-specified purpose.

Normally a spouse is allowed to reenter the home after an order for exclusive possession for reasons such as the need to retrieve certain belongings or sometimes to exercise custody or access to children. These types of orders almost always set out specific dates for access or that a certain amount of notice should be given prior... MORE »