Can my husband prevent me from moving into the house?

Anonymous Asked:

My husband and I have been together for 14 years and were married in 2005. We have one child born in 2004. I have been a stay-at-home mom since the birth of our child. We own a business in Alberta, but now reside in BC. We also own two properties in Revelstoke one vacant lot, and one almost completed house which we planned to operate as a B&B. Both these properties are owned jointly and both have mortgages, also joint. We were renting a house when we started construction on the new house last year, but we agreed to separate in September. My husband moved into the house to "complete the construction" a couple of months ago and I remained in the rental. It was verbally agreed that my daughter and I would take possession of the home and I would operate the B&B, but now my husband says he will prevent me from moving into the house. I have to vacate the rental house at the end of July and am unable to support myself and my daughter or pay for alternate housing. Can my husband prevent me from moving into the house? And if so what is my best course of action going forward.

Expert Comment:

Subscribe

1 Comment

Oldest

Newest Most Voted

Inline Feedbacks

View all comments

Stuart Zukerman

9 years ago

A: Firstly you can bring an application before you move out for spousal and child support to assist you in meeting your living expenses. Additionally you can bring an application either for the sale of any of the jointly owned properties or for interim occupation of the home which had been agreed to be used as a B&B pending its eventual sale. Furthermore your spouse cannot stop or prevent you from moving into the B&B (unless he obtains an order for exclusive occupation of that property. Even if he were to change the locks, as a co-owner, you could hire a locksmith to remove and replace the locks.

1

Reply

More Q&A

Main Categories in Q&A

All Divorce Separation Children Property

Latest Questions Asked:

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions