my boyfriend and his ex split up and she moved out over a year ago....the house is in both names but she hasnt put anything towards the mortgage and other house expenses..they were as living common law...can my bf legally change the locks on the house? (we live in Ontario, if that makes a difference.)
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And she is part owner of the house. Legally she should be giving you notice so you have cause for complaint. You should follow up and take steps to remove her name from the title.
If you remove her name from the title, you can change the locks and the situation is finished. If you change the locks and don't change the title, she can call a locksmith and get in anyway. You aren't solving anything.
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I totally understand that she part owner i do get that,,,,but we just want to protect our privacy as well...we are in the process of trying to get her name off but she is being unreasonable....if they sell now they will be losing alot of money through it all and the only one that will get hurt from it all, is their daughter!
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Personally I would go ahead and change them, and let her know via email. You don't KNOW it was her for certain in the home when you were not there, so you could try to play the "safety angle".
ie. A neighbour had indicated to you in passing that they believed someone had been seen snooping about the home when you weren't there, so to be on the safe side, you have changed the locks accordingly.
She can try to call a locksmith, but typically they require proof she lives there. If she has been on her own for over a year, then legally she was supposed to change her information to her new address. (Does she still receive mail there or have any other reason to be using the address?)
If you want to head off THAT headache...make sure she is notified, in writing of someone you trust that has a copy of the key should she need access to the home for whatever reason. (since technically she IS part owner and therefore is entitled to ENTER the home, as long as notice is given. (24 hours I believe, check your local rentalsman office for what the legalities are). Be it your lawyer, a trusted neighbour, a family member, etc.
You should be pushing for an exclusive possession order asap, pending resolution to equalization of the asset.
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I changed my locks as I knew she was going in when she knew I was at work. Sure as shit, she was. Explained why some things were missing. Other than her flipping out, there were no ramifications subsequent. IF she has nothing there, there is no reason for her to be there.
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Sure she does, she owns half the place and if she wants to be there or use it and there is nothing legal saying she otherwise can't then why shouldn't she?
I get where you're coming from however the OP is living in HER house and complaining that she is coming into it. It's HER house! If, as the OP states, she has not been living there and her ex lives there with his new girlfriend they should be paying HER rent to be there. As long as she owns half the house (whether she keeps things there or not) then she should be allowed in it - with notice given - to inspect the condition of the house and do any maintenance and repairs.
IF you don't like the way things work than do something to change the situation, sell the house or buy her out and be done with it - or move out and let her have it but don't complain that she won't stay out of her own house because you (the non owner) want some privacy with her ex boyfriend.
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Originally posted by Kawoi View PostI changed my locks as I knew she was going in when she knew I was at work. Sure as shit, she was. Explained why some things were missing. Other than her flipping out, there were no ramifications subsequent. IF she has nothing there, there is no reason for her to be there.
As far as calling a locksmith, you would be surprised at how easy it is to call a locksmith and have them open a lock with little or no proof. But she is part owner and the proof exists, she may not have a copy of the title but she can get one easily enough.
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Like NBDad suggested, I would have a lawyer send her a letter indicating that you are taking exclusive possession of the home. My lawyer did this, mentioning a date within the letter, and if my ex had not contacted a lawyer to dispute the issue by that date I was allowed to change the locks. I think the date was something like a week from the date of the letter....
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If they were to sell now there is no equity, just a huge financial burden of paying all kinds of money out for nothing and we trying to make her see this. We are trying to help her so there is no burden like this on her. told her to wait out the term, then sell, it would be worth her while in the long run.
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