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Can he take control of the property or can he lock me out?

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Anonymous Asked:

I am thinking of leaving my husband. I have records of all of my finances as of today but I am worried about the following
1. What if I leave and my husband starts removing money from our joint accounts
2. If I decide to leave the home is he entitled to more rights ie. can he take control of the property or can he lock me out. What are my rights?

Expert Comment:

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You have asked two questions. In terms of the first question I would be pleased to speak with you, as part of a free consultation, to provide you with specific strategies. This is a legitimate concern. Once I have obtained facts from you then I can provide you with a specific recommendation.

In terms of the second question, if you leave the home your property rights remain unaffected. You can still claim an equalization of net family property, pursuant to the Family Law Act. However, I need to know whether the home is jointly owned in terms of the limitation period issue, and whether you have any children. Although not a property issue, whether you have children may affect whether you should leave the home prior to the signing of a Separation Agreement or obtaining a Court Order.

In terms of whether he can “lock you out” there are possessory rights that you are entitled to enforce under Part 2 of the Family Law Act. However, at some point in time if you abandon the home you may not be entitled to return, although once again this does not affect your right to receive your fair share from the property, but I again remind you about the limitation period issue.

I suggest that you telephone me at 866-557-3222 for a free consultation and, after I am able to ask you some questions, I can provide you with more guidance.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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