1-877-797-9411
Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

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

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

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:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments

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).

Latest Questions Asked:

DC Icon

Can I not pay child support in Canada?

Hi, I'm a 17 years old guy and I accidently got my ex-girlfriend pregnant (if she is not lying). The problem is, we are not dating anymore and I cannot pay the child support. I don't even work and my parents would probably kill me. So I spoke to her ye ...

DC Icon

Spouse under-reporting income to CRA and doesn't want to pay support

My spouse has been deliberately under-reporting income over the last few years in preparation for a divorce. How can I prove this, as my spouse does not want to pay spousal support?

DC Icon

My ex stopped child support payments

My ex stopped his child support cheque (it bounced). His lawyer is demanding (unreasonable) information about child and stopped the payments to extort that information. According to our separation agreement, my ex has to keep paying even if there are d ...

DC Icon

Child support payments while on EI

When the parent who has to pay child support and is on unemloyment insurance does he still have to pay? If yes when do i receive the support check?

DC Icon

Missing Child since 2009

My wife ran away to Hong Kong in 2009, I have no news of my son since. I have an e-mail contact with her and that's it. I want to see my son, hold him in my arms... we are in 2016, it's been 7 years... She doesn't let me talk to him or see him, and she ...

DC Icon

Ex lives in the Philippines - how can I get divorced?

I lived here in BC for more than 6 years and have legally separated with husband in the Philippines. Now i want to file an uncontested divorce from here but the problem is, my ex husband is not allowed to sign the divorce paper that i prepare since Div ...

See All Questions
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x