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My husband has locked me out of our house

Anonymous Asked:

My husband has locked me out of our house and garage, and put locks on both the sheds. I have not completely moved out, and the house is in both our names. Is that legal? Is there anything I can do to stop him from further restricting my access to my stuff?

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Stuart Zukerman
9 years ago

As Joint owners of the house – it is legal for either one of you to change the locks on the home or for either of you to cut off and replace pad locks on the sheds. If you call a locksmith and present proof that you are an owner (ie a copy of the Provincial Notice of Assessment showing your name as one of the owners & your BC Drivers License) you can instruct the locksmith to cut & replace the padlocks with your own if you chose to do so. Either of you can bring an application to court for exclusive occupation of the home – though the legal test requires the applicant to prove on a balance of probabilities that it is a practical impossibility to continue to share the home and that the balance of convenience favours the applicant remaining in the home rather than the respondent. A court order can also address either party’s conduct going forward (in terms of restricting or restraining a party from adding or removing or changing a lock, or providing a duplicate key etc.

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