In Ontario, it is illegal to change the locks and bar a married spouse from the matrimonial home without a specific court order. To legally remove your ex, you must obtain an Order for Exclusive Possession from the Superior Court of Justice, with a basic filing fee of $214 CAD.
When a marriage breaks down, living under the same roof can quickly become intolerable. 📍 Many people believe that if they pay the mortgage or if the house is only in their name, they have the right to simply change the locks and force their ex-spouse out. Under the Ontario Family Law Act, this is completely false and can get you into serious legal trouble.
The law states that both married spouses have an equal right to possess the matrimonial home, regardless of whose name is actually on the property deed. The only way to legally deny your spouse entry is by obtaining a formal order from a judge. Because self-help evictions are highly penalized by the courts, it is strongly recommended to consult a local family lawyer from our directory to handle the process safely.
Step-by-Step Process in Ontario
Whether you live in Brampton, Toronto, or Hamilton, the rules for exclusive possession are strictly enforced across the province. 📄 Here is how you can legally secure the matrimonial home.
Step 1: Understanding Your Equal Right to Possession
First, you must recognize that until a court says otherwise, or a formal separation agreement is signed, your spouse has the right to live in the home. If you change the locks illegally, your spouse can call the local police, and the police will usually force you to let them back inside.
Step 2: Filing an Application at Court
To legally change the locks, you must file an Application at the Superior Court of Justice. 💻 You will formally request an Order for Exclusive Possession. This asks the judge to grant you the sole right to live in the house and to legally bar your spouse from entering the property.
Step 3: Proving the Need for Exclusive Possession
Judges do not grant these orders easily. You must provide sworn affidavits proving why the order is necessary. The court will look at the best interests of any children involved, the financial ability of either spouse to rent another place, and any history of family violence or severe emotional abuse.
Step 4: Attending the Court Hearing
Your family lawyer will argue your case before a judge. 👤 If there is a threat of physical danger, your lawyer can file an urgent, emergency motion (often heard within days) to get a temporary order immediately to ensure you and your children are safe.
Step 5: Enforcing the Order and Changing Locks
Once the judge officially signs the Order for Exclusive Possession, you are legally permitted to hire a locksmith to change the locks. If your ex-spouse tries to break in or refuses to leave after the order is granted, the police now have the legal authority to arrest them for breaching a court order.
How Much Does it Cost in Ontario?
Applying for exclusive possession involves standard family court fees and lawyer costs. Here are the typical expenses in CAD:
| Legal Service | Estimated Cost (CAD) |
|---|---|
| Superior Court Filing Fee (Application) | $214 CAD |
| Filing a Notice of Motion (Standard or Urgent) | $0 CAD |
| Family Lawyer Fees | $350 – $750 per hour |
| Locksmith Fees | $150 – $300 CAD |
While the court fees are set by the province, the lawyer fees can increase if the other spouse heavily contests the motion.
How Long Does the Process Take?
If there is documented domestic violence, an emergency motion can grant you exclusive possession in just 2 to 14 days. ⏱ However, if the situation is simply uncomfortable rather than dangerous, a standard motion for exclusive possession can take 2 to 4 months to be heard by a judge.
Frequently Asked Questions (FAQ)
Can I change the locks if we are common-law?
Yes, the rules are different for common-law couples. Common-law spouses do not have equal possessory rights to a matrimonial home. If you are common-law and your name is the only one on the deed or lease, you generally have the right to ask them to leave and change the locks.
Does getting exclusive possession mean I own the house?
No. Exclusive possession only gives you the right to live there temporarily. Your ex-spouse still retains their ownership equity, and the final value of the home will still be divided during the final equalization of property.
Will I lose my share of the house if I move out voluntarily?
No. Moving out to reduce conflict does not mean you abandon your financial interest in the property. You are still fully entitled to your 50% share of the equity when the home is eventually bought out or sold.
What if my ex sneaks in to take their belongings?
If an exclusive possession order is in place, they cannot enter the home for any reason without your permission. They must arrange a safe, supervised time (often with a police escort or through lawyers) to collect their personal belongings.
Can I change the locks if the house is a rental apartment?
For married spouses, the rental unit is still considered a matrimonial home. You cannot legally lock your married spouse out of a rental apartment without a court order, even if your name is the only one on the lease.
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