Non-occupant, entering a matrimonial home

I live in ontario. I have been divorced for over a year (court order effective for more than a year). My former spouse has moved out of the house. I am the sole occupant of the house over the last year. Does my former spouse still have a right to enter the property without my consent? There was a verbal and informal written agreement that that I can occupy the house until it is sold. I have been paying the mortgage, insurance etc.

Asked 11 months ago in Ontario
Categories: Real Estate  Privacy Law  Family Law

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Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

This is general advice only, and should not be relied upon in any specific case where the actual facts, financial circumstances, and law will govern. Absent a court order, restraining order or an agreement a joint owner can enter a residence, as they have a right of access under the Partition Act.  Also Matrimonial homes under the Family Law Act in Ontario which are described as such for married people only have special rights. To create a right of possession you need to get an order for exclusive possession, absent an agreement in writing. It is an open question of whether the home should be sold or transferred to one spouse or the other. Again you cannot force a joint owner to sell you the home and you may be just paying down the mortgage for your joint benefit. Cases of this kind tend to be better resolved sooner rather than later. Hamoody Hassan, Senior Counsel,

Posted 11 months ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel,

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact <a href="" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="" target="" rel=""></a><b><a href="" target="_blank" rel="nofollow"></a></b>, or search the <a href="" target="" rel="">Lawyer Directory</a>. <br>

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