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-   -   Matrimonial home question (https://www.ottawadivorce.com/forum/showthread.php?t=21843)

Gunner13 05-11-2018 06:50 PM

Matrimonial home question
 
Ex wife and I separated in June 2017, she left the matrimonial home in July. I have been living there since on my own. I have taken over all payments regarding the house. However her name is still on the title, and she says she has every right to enter the house to get "her stuff".
I'm in the process of selling the house in the coming weeks.

What rights do I have when it comes to privacy while living here, she feels that she can show up on a half hour to 1 hour notice whether or not I'm there, to pick up possessions. One issue I had recently was her showing up when I wasn't there and going through the house and taking stuff. After I said that I wasn't comfortable with that.

I'm all for arranging a time that works for us and then going through the stuff together while I'm there.

arabian 05-11-2018 09:32 PM

Unless you have an Order for exclusive possession of the home then your ex, co-owner of home with name on title, has every right to enter the home (notice or not).

Reason for you to get it together and get your separation agreement finalized. Hopefully you have separated your finances (closed joint bank accounts).

Rioe 05-11-2018 10:31 PM

Why didn't she get ALL her stuff when she moved out? Arrange a time with her to come get all the rest of her things once and for all.

Dtothree 05-11-2018 11:21 PM

Yeah donít do this^^^^^^^^ at all

Berner_Faith 05-12-2018 05:54 PM

Quote:

Originally Posted by arabian (Post 228685)
Unless you have an Order for exclusive possession of the home then your ex, co-owner of home with name on title, has every right to enter the home (notice or not).

Reason for you to get it together and get your separation agreement finalized. Hopefully you have separated your finances (closed joint bank accounts).



I donít think this is true... ex moved out and has a new place, just because she is part owner of the property doesnít give her the right to come and go. Essentially they are basically in a landlord tenant type situation, except they are both landlords of the property. Tel her you require 24 hours notice and without that she is not to come to the property. You still have a right to privacy regardless if you are going through a divorce or not.


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arabian 05-12-2018 11:44 PM

Sadly it is true (Order for exclusive possession of matrimonial property) or people wouldn't be forced to go to court to obtain these things.

Reasonable people set up schedules and advise each other well in advance before entering the jointly-owned property. However, family law issues are often not "reasonable" nor are the people involved.

If police were called they would tell you that either party has the right to enter the home at will... nothing they can do to stop either party unless obvious physical damage to person or property.

Berner_Faith 05-13-2018 07:27 AM

Quote:

Originally Posted by arabian (Post 228701)
Sadly it is true (Order for exclusive possession of matrimonial property) or people wouldn't be forced to go to court to obtain these things.

Reasonable people set up schedules and advise each other well in advance before entering the jointly-owned property. However, family law issues are often not "reasonable" nor are the people involved.

If police were called they would tell you that either party has the right to enter the home at will... nothing they can do to stop either party unless obvious physical damage to person or property.



My understanding is this is when both parties are still living in the home and one applies for exclusive possession the other has to leave. In this case the ex has moved out and has their own residence therefore the mat home is no longer their residence. They are still entitled to their share of the asset but it doesnít mean they are entitled to come and go as they please. This is where the talk of occupational rent comes in.

My cousin was a stay at home mom, when her ex left her two years ago he thought he could come and go. They never went to court but he was advised by his very own lawyer to not enter the house because it was no longer his residence. This all came about because 8 months after he left he didnít like how things were going and she came home and him and his new gf were cuddles up on the couch. He said he owned the house (and the house was only in his name, hers was not on it) so he could come and go as he pleased. She went to her parents and contacted her lawyer the next day who confirmed he was no longer entitled to be in the house as he pleased because he had a new residence. Even though he solely owned that property when he left and took up a new residence he lost his right to come and go as he pleases.


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arabian 05-13-2018 01:34 PM

When I separated from my husband (I kicked him out and changed security access to home). I had to quickly obtain exclusive possession of the home through court or my ex could have simply called security company and had code changed and entered the home.

Just talk to your local police department and see what they say.


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