Can I change the locks to the house after separation to keep my spouse out in Ontario?
Generally, no — not if the home is your matrimonial home. Both married spouses have an equal right to possess the matrimonial home under the Family Law Act, regardless of whose name is on the title or mortgage. Changing the locks to exclude your spouse is not a lawful self-help remedy and could expose you to a court order requiring you to restore access.
If you need to exclude your spouse urgently — for example, because of domestic violence or a situation where you feel unsafe — the proper legal step is to apply to the court for an exclusive possession order or, in urgent situations, an emergency order. Courts can act quickly in genuine emergencies.
If your spouse has voluntarily left the home and you are concerned about security, you can discuss access arrangements in a separation agreement. Changing locks as a practical matter is one thing; changing them to deny a legal right of possession is another.
For common-law partners, the rules are different. The person whose name is on the title has greater control over access, unless there is a court order or agreement otherwise. If you are unsure of your situation, get legal advice before changing anything.
Key takeaways
- Married spouses cannot lawfully lock each other out of the matrimonial home without a court order.
- An exclusive possession order from a court is the proper way to restrict access.
- Emergency court orders are available in situations involving domestic violence or urgent safety concerns.
- Common-law partners face different rules based on who holds title.