I'm in Ontario Canada and my ex wife, who now resides in an apartment of her own, has decided that since things aren't moving fast enough for her... she's moving back in. She has been out of the house for at least 6 months and 99.9% of her belongings have been moved to her apartment. The title on the house shows my name only as well.

Does anyone know what I can do to protect myself? What course of action should I take?

This is just another thing in a long list of reasons our marriage is over. Any help would be greatly appreciated.

She can't just "move into" your house, if you are legally the full owner, and she is not entitled to the house as part of any divorce settlement... change the locks and tell her not to come if you don't want her around. If she shows up, tell her she's trespassing and call the police.

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Originally Posted by OMG

I'm in Ontario Canada and my ex wife, who now resides in an apartment of her own, has decided that since things aren't moving fast enough for her...she's moving back in. She has been out of the house for at least 6 months and 99.9% of her belongings have been moved to her apartment. The title on the house shows my name only as well.

Does anyone know what I can do to protect myself? What course of action should I take?

This is just another thing in a long list of reasons why our marriage is over. Any help would be greatly appreciated.

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I think I know the answer to your question. In your question you stated she wants to move BACK... indicating that she used to live there, which would mean it is the marital home.. if this is so and your divorce is not final, I believe she has the right to live in it as much as you do... unless you have a spearation agreement stating otherwise. When you say she feels things are'nt moving fast enough, that indicates to me that the divorce is not final. Her name being on title means nada. In Ontario all community property is usually split down the middle... talk to your Lawyer PDQ..

In my opinion, once she voluntarily moved out, she abdicated the right to reside in the residence. So change the locks immediately. If she tries to force her way in, call the police.

But you should also be dicscussing this with your divorce attorney. Is there a separation agreement in place?

What Scottgem said is wrong.

Even though she left and the title is not in her name she can come back anytime she wants. Your home is a matrimonial home and stays that way unless you bought her out and it is written in the separation agreement.

That is the law. If did not buy her out and it is not in the separation agreement that she is transferring the house to you as sole possession of the house, then she can come back anytime without you being able to do anything.

The fact that she left voluntary is of no consequence. Here in Ontario.

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Originally Posted by lerouxma

What Scottgem said is wrong.

The fact that she left voluntary is of no consequence. Here in Ontario.

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Can you cite law for that? Also, there is no indication that there isn't a separatation agreement.

Ex wife

I think the means there is a separation agreement or divorce agreement, and he said it is "his" home, meaning he is in legal possession of it, from what I understand, so I'm guessing scottgem is correct.

I think regardless of whether she "can" or "can not" move back in is yet to be answered appropriately until we hear from the OP as to whether ANY paperwork was drawn up regarding possession of the home. I am going to take a stab in the dark here and assume that nothing has been written up. If he had a divorce decree stating the house was granted to him, he wouldn't be asking us if she could move back in. If there is just a separation agreement that states he can live there for x amount of time then that time has obviously past leaving the OP wondering where he stands. We really need to hear from him. As far as him referring to her as his "ex wife", doesn't really mean anything. I referred to my ex as an ex before our divorce was final.

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Originally Posted by charlotte234s

ex wife

I think the means there is a seperation agreement or divorce agreement, and he said it is "his" home, meaning he is in legal possession of it, from what I understand, so I'm guessing scottgem is correct.

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Thanks Charlotte, I forgot he referred to her as ex wife. That's probably why I responded as I did initially.

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Originally Posted by OMG

I'm in Ontario Canada and my ex wife, who now resides in an apartment of her own, has decided that since things aren't moving fast enough for her...she's moving back in. She has been out of the house for at least 6 months and 99.9% of her belongings have been moved to her apartment. The title on the house shows my name only as well.

Does anyone know what I can do to protect myself? What course of action should I take?

This is just another thing in a long list of reasons why our marriage is over. Any help would be greatly appreciated.

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We need to hear from OMG... he has NOT stated whether his decree is final yet.

In Ontario here is one place to check out
http://www.a1-ontario-divorce.com/pr...on.htm...where it states the following.. "it doesn’t matter who has their name on the papers for the house, both spouses have a right to live in the matrimonial home."

This is what I based my answer on as well as the fact my son is going through a divorce and this is what we have been told about his apartment.

I think if the papers have been served he can sell the marital home or have it appraised and buy his wife out... if she truly was his EX I doubt he would still be wondering about all these things. He should contact his lawyer... that is what he is paying him for... just my thoughts

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Originally Posted by OMG

I'm in Ontario Canada and my ex wife, who now resides in an apartment of her own, has decided that since things aren't moving fast enough for her...she's moving back in. She has been out of the house for at least 6 months and 99.9% of her belongings have been moved to her apartment. The title on the house shows my name only as well.

Does anyone know what I can do to protect myself? What course of action should I take?

This is just another thing in a long list of reasons why our marriage is over. Any help would be greatly appreciated.

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Call the police and say she threatened you, get a no contact order against her so she can't come to your place.