In the midst of an already bitter divorce, ex-NFL Star Kordell Stewart and his soon to be ex-wife, Porsha Stewart, are now fighting over access to the matrimonial home.
Earlier this week, Porsha submitted court documents alleging that she has been locked out of the home, denied any access by Kordell, and now forced to reside with her mother. In responding to these allegations, Kordell does not exactly deny their truth.
Instead, Kordell claims that he was forced to change the locks for security concerns. He also claims that he gave Porsha substantial notice of the impending lock change and nicely adds that she can pick up her belongings at any time, if she first gives him a heads-up.
Could he do this in Canada? Canadian law says, not so fast.
According to the Family Law Act, there are significant implications when a residence is a matrimonial home. These implications are so vast, that when analyzing the right to access, ownership of the home is not even a determining factor.
According to Canadian law, unless negotiated by the parties or court ordered, not even a spouse with sole ownership can remove the other spouse from the matrimonial home, which also prohibits denying access by unilaterally changing the locks.
In Canada, Kordell would have to live peacefully in the home with Porsha until one party agrees to leave, or a court determines otherwise. If this scenario would be playing out in Canada, Kordell would have to realize that ending a marriage is one thing, but ending a living arrangement is a totally different ball game!