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  • 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.

  • #2
    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).

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    • #3
      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.

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      • #4
        Yeah don’t do this^^^^^^^^ at all

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        • #5
          Originally posted by arabian View Post
          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 don’t think this is true... ex moved out and has a new place, just because she is part owner of the property doesn’t 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.


          Sent from my iPhone using Tapatalk

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          • #6
            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.

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            • #7
              Originally posted by arabian View Post
              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 doesn’t 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 didn’t 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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              • #8
                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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                • #9
                  I dont know, I dont think you can just go in at any time. I think you have to allow the other party to come into the house, but I think you can set limits, as to being there and arranging a timee to comes over. I dont think you can just walk in anytime you want, as that is not very private at all. I think others have posted good information, consult your lawyer. it might vary province to province.

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                  • #10
                    While your ex may hold an interest in the house, they no longer reside there. You do now, solely. They are essentially a landlord. They are permitted to enter the house, but must give reasonable notice and should have valid reason for entry.

                    Why haven't you changed the locks on the house? I would have done that in short order after the ex moved out. You are entitled to your privacy and quiet enjoyment of your residence, just as the ex is in their new residence.

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                    • #11
                      yes you guys are probably correct.... I failed to consider that the couple have lived apart for some time now and current residency is relevant. The other party would/should have their own utility bills for their own residence correct?

                      I still would recommend that you formalize whatever arrangement you make.

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                      • #12
                        I also don't think you can change the locks if her name is on the title. For the same reason you can't change the locks on a home you are renting. The owner of the home is allowed access if there is a valid reason and reasonable (24hrs) notice is given.

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                        • #13
                          Originally posted by CanadianMohawk View Post
                          I also don't think you can change the locks if her name is on the title. For the same reason you can't change the locks on a home you are renting. The owner of the home is allowed access if there is a valid reason and reasonable (24hrs) notice is given.
                          This is somewhat of a grey area. In a landlord/tenant situation, there is usually an agreement in place and there are rules setup by the government providing for minimum standards. This isn't the same. The ex no longer "resides" in the house. They haven't been paying for the mortgage or utilities. They have moved their place of residence to somewhere else. Their need to enter the house is minimal. A court would likely grant the OP exclusive possession relatively easily due to status quo.

                          IMO, as soon as the ex moved out and didn't take everything that they wanted (or showed signs that they were gonna come back for more stuff from the house), I would have asked the ex for a list of the items they wanted. I would then collect that stuff, move it to one spot and then give the ex 3 dates on which to come collect it. If those dates don't work for the ex, ask them to provide 3 dates that do work for them to see if they work for you. Then let the ex in to grab their crap. Once they have their stuff, change the locks. There is no reason for them to return. Tell them the locks are being changed as they no longer reside there. Should they need to enter, you will require 24 hours notice and sufficient reason.

                          Should the ex try and do the move out and move back routine, you would have to get an order for exclusive possession.

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