Access to property during separation

Posted in Anonymous Q & A, Separation by Questions on March 8, 2013

During a separation, if both parties are paying the mortgage, property taxes and property insurance, but one person has moved out, does that person have the right to come and go as they please, disrupting the life of the one living in the home? If the person coming and going is doing it simply to snoop through the other’s belongings, what rights does the person have who is living in the house?

1 Expert Comment

  1. On March 8, 2013 at 2:39 pm
    Lorrie Stojni, B.A., M.A., LL.B. said:

    The answer to this question depends on whether or not the parties were married.

    If the parties were married, we are dealing with a “matrimonial home”. Both parties have the equal right to be in the home, and each can bring a claim for exclusive possession.

    If the parties were not married, but living common law and one party owned the house, the party who does not own the house does not have a “right” to be there.

    Regarding the “rights” of the person still in the home, the other party should not be going through your belongings and if they are, you should put sensitive documents in a secure location.

    I suggest you consult with a lawyer regarding the specifics of your case.

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