Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
Thread Tools
  #11  
Old 08-21-2019, 01:16 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,668
arabian will become famous soon enough
Default

Quote:
Originally Posted by Berner_Faith View Post
Can she really remove all his belongings and lock him out without exclusive possession? To me doing so without that order allowing her to do so could actually hurt her case. I’d speak to a lawyer 100% before doing this. It could certainly backfire on her.

Spend these three days gathering all your information, take pictures and videos of the house contents, remove important documents from the house and set up an appointment with a lawyer ASAP


Sent from my iPhone using Tapatalk
I didn't say "change the locks" - I said add a security system.
She has a right to feeling safe when she is in her home, particularly as he has been absent lately. (Then if he is an ahole you simply change the code). If belongings aren't there, and he phones police, he gets nowhere as they back away from matter as it is "family court matter"). Courts are very slow. What is the saying? "possession is 9/10 of the law" ? I believe that to be true in many cases involving family court. Child lives in the home. Whomever has the kid, keeps the house.
Reply With Quote
  #12  
Old 08-21-2019, 02:05 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,329
Berner_Faith will become famous soon enough
Default

Quote:
Originally Posted by arabian View Post
I didn't say "change the locks" - I said add a security system.

She has a right to feeling safe when she is in her home, particularly as he has been absent lately. (Then if he is an ahole you simply change the code). If belongings aren't there, and he phones police, he gets nowhere as they back away from matter as it is "family court matter"). Courts are very slow. What is the saying? "possession is 9/10 of the law" ? I believe that to be true in many cases involving family court. Child lives in the home. Whomever has the kid, keeps the house.


That’s not very good advice... just because she removes him belongings and gets a security code doesn’t mean he’s moved out. You’re advising her to attempt to lock him out “change the code”... which she can’t do without an order for exclusive possession. Getting a security system and changing the locks are basically the same thing... the “code” becomes the key and thus she’d have to provide it to him. He’s allowed to go out, he’s allowed to go on vacation, that does not mean he’s vacated the house, which means she doesn’t have a right to change anything until she gets exclusive possession.


Sent from my iPhone using Tapatalk
Reply With Quote
  #13  
Old 08-21-2019, 02:08 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,329
Berner_Faith will become famous soon enough
Default

Quote:
Originally Posted by Frostrated View Post
I was told I cannot change the locks unless I get exclusive possession. I was able to get legal aid with lien against my house, so I retained a really good lawyer, who normally does not take legal aid, but my cousin is friends with him. He's confident and aggressive, which I like.



My husband says he's aiming to leave by the 15th but has upcoming corrective laser surgery on the 7th so he'll need time to recover (he's 53...what a waste of money). He's starting to pack things that he bought me as gifts, which I find very petty.



I've also been losing an insane amount of weight - down 60 lbs since January. The only positive in this whole mess. On the bright side, I finally was offered a full-time job with benefits. I'll be a few months without my $1400 injections but I'm hoping it won't be horrible.



I was just about to change my marital status on the CRA website but there's no place to indicate that we still reside in the same home.


For CRA they will most likely make you prove you’re living separate lives... go ahead and change your status, you don’t actually say you’re still living together. But usually they want proof to confirm you’re separated.


Sent from my iPhone using Tapatalk
Reply With Quote
  #14  
Old 08-21-2019, 03:40 PM
standing on the sidelines standing on the sidelines is offline
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,548
standing on the sidelines is on a distinguished road
Default

Quote:
Originally Posted by Frostrated View Post
I was told I cannot change the locks unless I get exclusive possession. I was able to get legal aid with lien against my house, so I retained a really good lawyer, who normally does not take legal aid, but my cousin is friends with him. He's confident and aggressive, which I like.

My husband says he's aiming to leave by the 15th but has upcoming corrective laser surgery on the 7th so he'll need time to recover (he's 53...what a waste of money). He's starting to pack things that he bought me as gifts, which I find very petty.

I've also been losing an insane amount of weight - down 60 lbs since January. The only positive in this whole mess. On the bright side, I finally was offered a full-time job with benefits. I'll be a few months without my $1400 injections but I'm hoping it won't be horrible.

I was just about to change my marital status on the CRA website but there's no place to indicate that we still reside in the same home.
It is petty, but if the stuff doesn't matter to you then just let him take the stuff if it makes him feel like he got one over on you.

Congrats on the job!!! that is one less thing to worry about.

Hopefully he does leave when he says he is. If I was you I would remove personal property like jewelry etc so it doesn't "accidentally" get packed up with his stuff. Easier to just remove the stuff now versus trying to get it back through the courts later.
Reply With Quote
  #15  
Old 08-21-2019, 04:26 PM
Frostrated Frostrated is offline
Member
 
Join Date: Apr 2019
Posts: 73
Frostrated is on a distinguished road
Default

Yeah, I'm already missing some pendants that he had bought me. So very petty. While he's away, I'm packing up some stuff I don't want him to steal and dropping it off at my sister's until he's out. I can't afford to start over and clearly he can.
Reply With Quote
  #16  
Old 08-21-2019, 07:41 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,668
arabian will become famous soon enough
Default

Quote:
Originally Posted by Berner_Faith View Post
That’s not very good advice... just because she removes him belongings and gets a security code doesn’t mean he’s moved out. You’re advising her to attempt to lock him out “change the code”... which she can’t do without an order for exclusive possession. Getting a security system and changing the locks are basically the same thing... the “code” becomes the key and thus she’d have to provide it to him. He’s allowed to go out, he’s allowed to go on vacation, that does not mean he’s vacated the house, which means she doesn’t have a right to change anything until she gets exclusive possession.


Sent from my iPhone using Tapatalk
Actually that is exactly what I did. The Order for exclusive possession came several weeks later with the very large interim SS order. Ex tried to get police to allow him to enter but I stood my ground and told police they could provide me with a list of items and I would retrieve them. Of course I had legal advice prior, during and after this.
Reply With Quote
  #17  
Old 08-21-2019, 08:30 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,329
Berner_Faith will become famous soon enough
Default

Quote:
Originally Posted by arabian View Post
Actually that is exactly what I did. The Order for exclusive possession came several weeks later with the very large interim SS order. Ex tried to get police to allow him to enter but I stood my ground and told police they could provide me with a list of items and I would retrieve them. Of course I had legal advice prior, during and after this.


That’s great it worked for you but she’s already stated she’s working with a lawyer and was advised not to do so. Unfortunately for her it’s his house just as much as it is hers as they are married. We all know your case is unique and because of that the outcomes you received are not common. I’d be following the lawyers advice and not change the locks or put his stuff out until exclusive possession was awarded.


Sent from my iPhone using Tapatalk
Reply With Quote
  #18  
Old 08-21-2019, 09:48 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,668
arabian will become famous soon enough
Default

I understand what you are saying Berner. True there were some differences in my situation, namely there were no minor children involved. The thing is, exclusive possession is a temporary arrangement. Often it is to let people cool off, which is never a bad situation. If someone has felt the need to go to a women's shelter and/or fears for their own personal safety then I think you have an obligation to yourself and your children to take steps to ensure safety of yourselves and your property. Some people get exclusive possession to preserve the home from falling into disrepair.

If there is no urgency, and money is not an issue then the waiting game (mediation hand-holding, 4-way meetings, case conferences, adjournments) is to be expected. Some people thrive on the drama I guess.

I hope the poster gains some self-respect and confidence. I hope she kicks his ass to the wind before the lawyers drain the home equity.
Reply With Quote
  #19  
Old 08-24-2019, 02:34 PM
tunnelight tunnelight is offline
Senior Member
 
Join Date: Jul 2017
Posts: 349
tunnelight has a little shameless behaviour in the past
Default

Don't do something stupid and childish like changing the locks. If that ever happened to me I would turn around and bring over a lock Smith and claim I lost my keys. LOL.


Last edited by tunnelight; 08-24-2019 at 02:42 PM.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On



All times are GMT -4. The time now is 03:33 AM.