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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 11-01-2005, 08:30 PM
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Default When leaving the family home

Hello again,

As I explained in my earlier thread, my ex and I have been living seperate, but still under the same roof.

Today after work, he bagan packing some of his belongings, and when I questioned him, he did say he was moving out today. He says he's going to a mutual friends house and will stay on her sofa for the next 10 days until her tennant leaves, then he will rent from her. He lived there 2 years ago when we were seperated also.

However, today he could only take about half his clothes and said he would be back on the weekend or after the 10 days to get the rest of his stuff. He also told me to remove and files from the computer as he would also be taking it.

That really angers me. I mean I already had to sign over ownership of our vehicle to him as he has to travel outside the city for his work. He also bought a 14ft boat 4 years ago, which he has stored at a friends house. The boat does have my name on the ownership though.

I've been told that once a spouse moves from the home, they no longer have a right to keep coming back in to remove other items. I mean for sure he can take his clothes, tools etc. But can he just take whatever he wants and I'm just suppose to let him. I did make him give me back his house key though ... just so he couldn't come here when I'm not home.

Anyone have any input on any of this???
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Old 11-03-2005, 11:14 PM
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Hi Patience59,

By law, as it's a matrimonial home, your ex has the right to enter and leave your home.

If he moves out for a while but still keeps coming back to bother you, you should speak with a lawyer about obtaining what is know as "exclusive possession" of your home. For more about this see:
http://www.ottawadivorce.com/exclusive-possession.htm

Your ex is obviously entitled to take household contents that belong to him. As a practical matter, if you have valuables, you may want to make sure that they are safe, for instance, outside the house. You may also want to make a video record of the joint belongings in case there's a dispute as to what was taken or left behind.

When it comes to household belongings, your best bet is really to get together with him and sort it out - if you fight about it, it will cost more money than the belongings themselves. (Also judges really don't have the patience to hear arguments about this). If you can't physically get together to do that due to communication or other problems, see if you can work something out via email or with the help of a mediator or mutual friend.
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