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  • Matrimonial home locks

    The locks on the MH have been changed for several years now. Can my ex husband have a locksmith change when I am not home? Will he get in trouble or is he legally allowed to do this?

  • #2
    Originally posted by trueblue22 View Post
    The locks on the MH have been changed for several years now. Can my ex husband have a locksmith change when I am not home? Will he get in trouble or is he legally allowed to do this?
    If the person is on the deed / ownership of the home and there is no agreement, court order (for exclusive possession) or a restraining order baring the person from the property yes... Yes they can.

    Just like if you jointly own a vehicle they can take it and use it. The home is their property to and the have a right to enter the property and even live there.

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    • #3
      Originally posted by Tayken View Post
      If the person is on the deed / ownership of the home and there is no agreement, court order (for exclusive possession) or a restraining order baring the person from the property yes... Yes they can.

      Just like if you jointly own a vehicle they can take it and use it. The home is their property to and the have a right to enter the property and even live there.
      But what if he hasn't lived here for years? He can just change the locks and lock me out of my home?

      Comment


      • #4
        If you don’t have a court order giving you exclusive possession and he is still on title, then yes he can change the locks but no he can’t lock you out. You have equal rights to change then go ahead and change the locks again. In fact you can both change the locks as many times as you want so long as the home is in both your names and there is no court order giving one of you exclusive possession but neither one of you can lock the other out or prevent the other from changing the locks without a court order.
        My ex started playing the game of chaining and locking the gates shut without giving me a key. A pair of bolt cutters solved that problem and he soon stopped that nonsense.

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        • #5
          You changed the locks on him first!

          He has a right to access his property.


          Sent from my iPhone using Tapatalk

          Comment


          • #6
            Originally posted by Tayken View Post
            If the person is on the deed / ownership of the home and there is no agreement, court order (for exclusive possession) or a restraining order baring the person from the property yes... Yes they can.
            This. If you've been living there alone for years though and ex starts causing issues, then you may have a good case for an exclusive order.

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            • #7
              Originally posted by StillPaying View Post
              This. If you've been living there alone for years though and ex starts causing issues, then you may have a good case for an exclusive order.
              Ultimately, it won't be an exclusive possession as those are usually for temporary situations until the house is sold. Ultimately, the house that the OP is residing in will be sold. As well, the OP may be responsible for paying occupational rent to the other owner who has not had use of the property.

              Its a lose lose situation for the person who resides in the property usually.

              My recommendation to the OP is to reach an agreement to list and sell the home in rapid pace.

              Comment


              • #8
                Originally posted by Tayken View Post
                Ultimately, it won't be an exclusive possession as those are usually for temporary situations until the house is sold. Ultimately, the house that the OP is residing in will be sold. As well, the OP may be responsible for paying occupational rent to the other owner who has not had use of the property.

                Its a lose lose situation for the person who resides in the property usually.

                My recommendation to the OP is to reach an agreement to list and sell the home in rapid pace.
                All of the above in our situation...exclusive possession was supposed to be a two month interim agreement then covid hit...15 months later...nothing settled...no rent being paid,...

                Comment


                • #9
                  Originally posted by canthisberight View Post
                  All of the above in our situation...exclusive possession was supposed to be a two month interim agreement then covid hit...15 months later...nothing settled...no rent being paid,...
                  Motion for the sale of the property. See this recent posting where a judge just recently ordered the sale of a home:

                  https://www.ottawadivorce.com/forum/...ad.php?t=23470

                  Comment


                  • #10
                    Originally posted by Tayken View Post
                    Motion for the sale of the property. See this recent posting where a judge just recently ordered the sale of a home:

                    https://www.ottawadivorce.com/forum/...ad.php?t=23470
                    so my ex husband can change the locks when I am not there and I would need to get a court order to get exclusive possession but ultimately he would be able to force me to sell the house before we can negotiate my spousal and child support?

                    Comment


                    • #11
                      Originally posted by trueblue22 View Post
                      so my ex husband can change the locks when I am not there and I would need to get a court order to get exclusive possession but ultimately he would be able to force me to sell the house before we can negotiate my spousal and child support?

                      It would be part of the whole process. Which is why in your previous threads posters told you to get your case together. He can motion for the sale of the house immediately if you are dragging your feet but it would be in your best interest to get the matter moving for an order for support and split of assets.

                      You’ve already been advised that the house should be sold since you can’t afford to buy him out. If he wants to end this matter and resolve all the financial issues he can motion for it.


                      Sent from my iPhone using Tapatalk

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                      • #12
                        Originally posted by trueblue22 View Post
                        so my ex husband can change the locks when I am not there and I would need to get a court order to get exclusive possession but ultimately he would be able to force me to sell the house before we can negotiate my spousal and child support?
                        You can get temporary support if the matter is taking too long. You can also ask that if the house is sold that the money (or a portion of the money) be held until all matters are resolved.

                        It will be hard to stop the house from selling, if that is what he truly wants.

                        Comment

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