My Ex and I Broke Up... Can I Legally Change the Locks?

My Ex and I Broke Up... Can I Legally Change the Locks?


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“My wife/girlfriend and I broke up. It’s my house. Can I legally change the locks?”

Well, sure you can, but that doesn’t mean you should. The truth is that when it comes to changing the locks to the residence that you and your ex share, the answer can be both “yes” and “no”. The current state of the law is fuzzy, and there is no clear cut response to the question. However, the courts have tried to provide some guidance on the issue by enumerating a list of considerations that judges should evaluate when deciding if an eviction was lawful. Some of those considerations are:

  • Has your ex already moved out with the items they’ll need to get buy?
  • Have you and your ex entered into a previous agreement (however informal) that should the two of you break up, you will remain in the home and they will move elsewhere?
  • Have you told your ex that you intend on changing the locks?

If the answer to all the above considerations is yes, then you’re legally entitled to change the locks.

Another situation where it would be legal to change the locks is if you’ve gone to court and obtained an order from a judge for sole occupation of the residence. If you’ve obtained such an order, then you also wouldn’t have to tell your ex that you intend on changing the locks.

HOWEVER…

If you and your ex have been living in the same residence, and you don’t have a court order for sole occupation, and your ex has no idea that you intend on changing the locks, then you can technically change the locks while they are NOT president at the residence. However, you should think twice before doing that. There’s a high degree of likelihood that the incident will escalate, particularly when your ex arrives home and discovers that you’ve packed up their belongings and changed the locks. Your ex is likely to call the police in those circumstances, which will necessitate the police’s attendance at your residence, whereupon they’ll conduct an investigation, which is something no one wants.

You should also note that if your ex decides to take the matter to court, then a judge may not look too kindly on your decision to evict unilaterally, especially because you could have sought legal recourse by petitioning the court for an order for sole possession. Believe it or not, the court may find against you and order that you move out of the residence. Not only will you have to deal with the hassle of moving out, but you may be on the hook for your lawyer’s bill, as well as your ex’s lawyers’ bill, if the judge sees fit in the circumstances.

And a friendly piece of advice: fight the temptation to throw your ex’s belongings on the front lawn. As tempting as that may be, it will only lead to increased animosity between you two, as well as potentially adverse legal consequences down the road. A judge isn’t going to look too kindly on your decision to throw your ex’s stuff in the front yard. It also won’t bode well for you if, down the road, you want to negotiate a separation agreement with your ex.

So, keep your cool, don’t do anything rash, and get your rights through the proper channels. Yes, it may cost you a few bucks to hire a Toronto Divorce Lawyer, but it’ll cost you a whole lot more later if you act brashly. If you need help finding the right Toronto Divorce Lawyer to help you with this matter, or any similar matter, visit us at LawyerSelect.ca and we’ll provide you with a free personalized lawyer referral.

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