can my husband make me leave our matrimonial home?
Hello, thank you for the question. Firstly, please be aware that the site is going through some big changes on it's feedback and rating and payment system. I'll ask you not to provide feedback until we're finished discussing your matter, I've given you an Answer, and you have no more follow up questions or comments.What province are you in, please?Are you separated? Separating? Are there children involved?Who is on title to the home?Ulysses
We live in Ontario, I have two grown children, my son is in the army and this is his home when he is on leave. We are not separated, he just decided yesterday that he wants a divorce, (he is bi-polar), we have lived together for 4 years and have been married since February 10, 2012, his name is XXXXX XXXXX deed.
I see.Because you're married, that's the "matrimonial home" as you know. That means that in law you have equal rights to possession of it and right to equal shares of its equity.However, that's according to family law. In property law, your name isn't on title. So even though he shouldn't do it, he could change the locks on you and the police wouldn't do anything about it because you're not on title. If you were jointly on title then he could be charged with mischief. Even then, the police very rarely intervene because they consider it a family law issue. If your children are grown, they don't enter into it. If he's bi-polar, it may be time to simply leave the home and go to a safe place. You won't be abandoning any claim you have to possession of the home or your share of the value of the home. This is a short term marriage, so it's possible that he'll try to bully you out of getting your share of the home. Go see a family law lawyer about taking him to court to claim division of the equity in the home. Either of you could go to court at this point for an order for exclusive possession of the home, but that's not the easiest to get. See a lawyer before attempting that. To answer your question specifically, it's possible for either spouse to get an order that the other leave the home. Without an order, neither is to evict the other, but instead work something out or go to court. If he does evict you, the police are unlikely to do anything about it. This may not be what you wanted to hear, but that's the state of the law. If you have more questions or need clarification, please reply to me. If you're satisfied that I've answered your question, please provide positive feedback so that the site and I can be compensated for the time I've spent on your matter. (Please don't shoot the messenger; feedback is for the quality of service not about whether you were told what you wanted to hear.)Good luckUlysses
Over 10 years litigation experience in family, criminal, and civil law