Can I Change the Locks or Stop My Spouse Entering Our Home After Separating in Ontario?
Whether you can change the locks on your own depends on your situation, and it is usually safer to ask the court than to shut a spouse out yourself. A married person can ask the court for exclusive possession of the family home, even if the home is in the other spouse's name.
When a court decides an exclusive possession application, it must consider any violence committed by a spouse against the other spouse or the children. Courts must also consider family violence when making orders for parenting time, decision-making responsibility and contact. If you are in danger, call 911 or local police immediately, make a safety plan, and if you have children, try to take them with you when you leave.
If your worry is safety, you can also apply for a restraining order if you were married to or lived with the person for any period of time, or have a child with them; it can limit where the person goes and who they contact. Exclusive possession is described for married spouses, so if you are not married, speak with a lawyer about your options before changing locks or asking anyone to leave.
Key takeaways
- A married person can ask the court for exclusive possession of the family home, even if it is in the other spouse's name.
- A court deciding exclusive possession must consider any violence by a spouse against the other spouse or the children.
- A family restraining order can limit where a person goes and who they contact, and in urgent cases a motion can be brought without notice.
- If you are in danger, call 911 or local police immediately and make a safety plan.