No, you cannot legally change the locks on the matrimonial home in Ontario to keep your legally married spouse out. Both spouses have an equal right to remain in the home, regardless of whose name is on the title. You must obtain an Order for Exclusive Possession from the court.
When a marriage breaks down, tensions frequently run high, and the home environment can quickly become toxic. It is completely normal to want space, and many people in Ontario wonder if they can simply change the locks to force their ex-partner to move out. Whether you live in a condo in Mississauga, a house in Brampton, or an apartment in Toronto, the law takes unauthorized evictions between spouses very seriously.
Under Part II of the Ontario Family Law Act, the matrimonial home holds a highly protected status. Both legally married spouses have an absolute, equal right to possess the home. 🔒 It does not matter if you owned the house for ten years before you met, or if you are the only person listed on the mortgage and the property deed. You cannot simply lock your spouse out on a whim.
The Process: How to Legally Remove Your Spouse
If living together has become impossible or dangerous, you must utilize the proper legal channels to secure the home. To legally change the locks and force your spouse to leave, you need a judge to grant you an Order for Exclusive Possession of the matrimonial home.
Step 1: Consult a Family Lawyer
Judges do not grant exclusive possession lightly. You need to sit down with a local family lawyer to determine if your situation meets the strict legal threshold. 💼 Mere annoyance or arguments are rarely enough to kick a spouse out. The court looks for evidence of domestic violence, extreme emotional abuse, or situations where the children are suffering severely due to the conflict.
Step 2: File a Motion at the Superior Court of Justice
Your lawyer will help you draft and file a Notice of Motion or an Application at the Superior Court of Justice in your municipality. You must also submit a sworn Affidavit detailing exactly why continued shared living is impossible. You will need to address the best interests of any children, the financial ability of both spouses to find alternate housing, and any history of violence.
Step 3: Serve the Legal Documents
In the vast majority of cases, your spouse has the right to know about the legal action and defend themselves. 📩 The documents must be properly served to them. In rare emergency cases involving severe domestic violence, your lawyer might file an “ex parte” motion, meaning the judge hears your case immediately without notifying the abusive spouse beforehand.
Step 4: Attend the Court Hearing
A judge will review the evidence from both sides. If the judge believes it is practically impossible for you to live together and that the balance of convenience heavily favours you remaining in the home, they will issue the Exclusive Possession Order. Once you have this signed order, you are legally permitted to change the locks.
What Happens if You Illegally Lock Your Spouse Out?
Taking matters into your own hands is a major legal misstep that can severely damage your standing in family court. If you change the locks without a court order or a signed separation agreement, your spouse can immediately call the local police.
- Police Intervention: While police often consider family disputes a “civil matter,” they will generally escort your spouse back into the home or insist you give them a key if they verify the person is a legally married spouse.
- Court Penalties: A judge will view illegal lockouts very poorly. You could be forced to pay your spouse’s temporary hotel bills, ordered to pay their legal costs, and it could severely harm your case for parenting time and decision-making responsibility.
How Much Does an Exclusive Possession Motion Cost?
Litigating the right to stay in the home is an expensive process. You should prepare for significant legal fees if the matter is highly contested.
| Legal Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Court Filing Fees | $160 – $220+ | The basic administrative fee to file a motion or application at the Ontario Superior Court. |
| Family Lawyer Fees | $3,000 – $8,000+ | Drafting affidavits, preparing arguments, and attending the hearing can take many billable hours. |
| Locksmith Fees | $150 – $300 | The actual cost of changing the hardware once you obtain the legal order. |
Frequently Asked Questions (FAQ)
Can I change the locks if my spouse voluntarily moved out?
Even if they packed their bags and left, they still technically have a legal right to re-enter the matrimonial home. While some people do change the locks after a spouse abandons the property, doing so without a formal separation agreement or court order carries legal risk if they suddenly demand to return.
Do common-law partners have the same protection against lockouts?
No. In Ontario, the equal right to possession under the Family Law Act only applies to legally married couples. If you are common-law and your name is the only one on the title or lease, you generally have the right to ask your partner to leave, though you must give them reasonable notice to find a new place.
What if my spouse is abusive and I fear for my safety?
If you are in immediate physical danger, call 911. If the police arrest your spouse and lay criminal charges, the criminal court will typically impose bail conditions that legally prohibit your spouse from returning to the home or contacting you. This functions as a temporary lockout while you seek a permanent family court order.
Will getting exclusive possession mean I own the house permanently?
No. An Order for Exclusive Possession is a temporary measure about who gets to live there right now. It does not change the actual ownership or the financial equalization process. Your spouse is still entitled to their share of the home’s financial value.
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