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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101381
Experience:  Lawyer
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I am going through a divorce. My souse chose to leave the

Customer Question

I am going through a divorce. My souse chose to leave the house and has not been living there for a couple of months. She is going in to the house when I am not there and taking items she thinks belong to her. I disagree with some of the items she is taking and I feel that they are ours and should be considered assets. I locked items behind a door in the house and she put a hole through the door to get these items. What action can I take to prevent her from taking items out of the house and can I report her vandalism?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Have any legal proceedings started yet?

Customer: replied 1 year ago.
How do you mean? Divorce papers have not been signed yet.
Expert:  Debra replied 1 year ago.

That is pretty well what I meant. But have you seen lawyers, or has there been any mediation attempts for example?

Customer: replied 1 year ago.
sorry for the delay. I am dealing with the police at the same time.
there have been no mediation attempts. she refuses to talk.
Customer: replied 1 year ago.
can you tell me if I can change the locks on the house. she is no longer living there.
Expert:  Debra replied 1 year ago.

You actually don't have the legal right to change the locks. The reason why is that you both have an equal right to occupy the home. That is because the home is your matrimonial home.

However, if you applied to the court order granting you exclusive possession of the home you will succeed. The reason why is the court will say that she abandoned her right to occupy the home. Then you will be able to lock her out. And then, the police will assist you if she tries to get back in.

It seems to be that you best next step may be to retain lawyer who will threaten court and tell her that if she makes it so that you have to go to court you will also seek an order for your legal costs.

Customer: replied 1 year ago.
thank you.
Expert:  Debra replied 1 year ago.

You are very welcome.