Does he have any rights to move back in without consent?

The technical answer is “yes.” The explanation is that unless there is an Order for exclusive possession of a matrimonial home, made by a Judge, or the parties have otherwise agreed that one party will not live in the matrimonial home, then the party who left has the technical right to move back into a jointly owned matrimonial home. This may not be a wise approach based on the circumstances of the case, however, and I would recommend that any spouse who wishes to move back into a home first obtain legal advice as to whether this should actually take place based on their unique facts. You are welcome to contact me at 877-668-9386 for a free consultation.

(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 Douglas Briand for a free consultation).