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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 02-08-2021, 08:56 PM
trueblue22 trueblue22 is offline
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Default 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?
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Old 02-09-2021, 11:14 AM
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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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Old 02-09-2021, 03:34 PM
trueblue22 trueblue22 is offline
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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?
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Old 02-09-2021, 04:20 PM
Stillbreathing Stillbreathing is offline
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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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Old 02-09-2021, 04:32 PM
rockscan rockscan is offline
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You changed the locks on him first!

He has a right to access his property.


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Old 02-09-2021, 06:00 PM
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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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Old 02-09-2021, 07:03 PM
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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.
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Old 02-09-2021, 07:11 PM
canthisberight canthisberight is offline
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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,...
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Old 02-09-2021, 07:46 PM
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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
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Old 02-10-2021, 01:36 AM
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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?
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