Can I change the locks to the matrimonial home?

As the sole spouse on title, can I change the locks to the matrimonial home?

If the property in question is the home that you and your spouse lived in at the date of separation, this home will be considered a “matrimonial home” under the Family Law Act.

According to the Family Law Act, irrespective of whether the matrimonial home is jointly owned or if only one spouse in on title, both spouses have a right to possession of the matrimonial home.

Despite the fact that the property may be registered solely in your name, you will not simply have the right to change the locks and bar your ex-spouse from continuing to reside in the matrimonial home.

That being said, there are circumstances that may warrant the granting of “exclusive possession” of the matrimonial home to one spouse to the deprivation of the other spouse. This means that until the parties arrive at a resolution of the matter, or the court makes a final order in the matter, there are circumstances where it may be appropriate for the court to grant a temporary order allowing one spouse to exclusively possess the home.  An individual may be granted exclusive possession of the matrimonial home for a variety of reasons. For example, one may be granted exclusive possession of the matrimonial home following an assault by one spouse against the other spouse or a child.

Once one of the parties is granted an order providing for the exclusive possession of the matrimonial home, the other party may not enter the matrimonial home.

For more information on the matrimonial home, exclusive possession with respect to the matrimonial home, or your family law matter generally, contact Krol & Krol at 905.707.3370 to schedule a consultation with one of our experienced family law lawyers.