My spouse will not leave the home. Do I have the right to either change the locks or call the police?

January 30, 2017

If your situation is not urgent, you cannot simply change the locks or evict your spouse without a court order or agreement, even if the home is solely in your name. Generally, if your spouse will not leave voluntarily, you have to obtain a court order for exclusive possession of the home, which the court may grant if “continued cohabitation has been rendered intolerable”. If this test is met, the issue of who gets to remain in the home depends on a number of factors, including what is in the best interests of the children. I recognize that this is often times the scenario at marriage breakdown, in that both spouses want to remain in the home at the time of separation. It is a difficult and sometimes complex issue, one that requires legal advice specific to your particular circumstances. There are frequently options available that may not have been considered, such as each spouse alternating time in the home, often referred to as a “nesting” arrangement.

Certainly, if there is any violence or threat of violence, the police should be called immediately.