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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 101369
Experience:  I have been a lawyer since 1985 and have been a professional on this site for 5 years.
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I moved in with my girlfriend just over a month ago. We got

Resolved Question:

I moved in with my girlfriend just over a month ago. We got in an argument and she threw me out of the home. I tried to gather my belongings and she assaulted me. I left with only the clothes on my back. I tried numerous times to get my stuff back but she will not let me have them. I tried going to her place with police but she wouldn't open the door. I still have a key. Am I allowed to just enter the place on my own? I have over 30k of belongings there. I'm music producer and all my equipment is there. I have lost music gigs because I don't have my equipment. Along with every stitch of clothing. This girlfriend I believe has bipolar and she is currently out on bail due to assault charges on a previous boyfriend. The police asked if I wanted to charge her but I don't want any problems last time we had an argument she went psychotic and stalked my patents home. I just want my belongings. I tried contacting her family but the have washed there hands of her and won't help me. What do I do? I want to pursue legal action. Or can I go to her place with my key. Please help me. Michael
Submitted: 3 years ago.
Category: Canada Law
Expert:  Legal Ease replied 3 years ago.
Thank you for your question. My goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

It is no actually lawful to enter her home if the house is actually hers and she says you cannot.

At the same time as you have a key it's not really breaking and entering. If she changed the lock that is another matter.

You could ask the police if they will escort you and stay with you while you remove your own belongings so they can be witnesses to your entry and they will see you just took your own belongings.
Customer: replied 3 years ago.
What other legal action can I do taker to court? Even if it's her place I could enter her condo by using my key with police escort even if she is not home? Or does she need to be there.
Expert:  Legal Ease replied 3 years ago.
Really, she should be there or give her consent but as this was your home and you have a key and she has your things the police may simply agree to assist you as part of their peace keeping role.

If not you will need a court order unless the police agree to try and again and hope she lets them in.

She is not permitted to keep your belongings and someone in authority should be telling her that.
Customer: replied 3 years ago.
How do I get a court order? Do I go to a lawyer? She lives in Toronto. Where do I go. In the event I need to go down that route. The police couldn't tell her it is no legal to keep my stuff because she won't open the door and they didn't let me use my key as they said it would be breaking and entering. Can I also charge her with theft
Expert:  Legal Ease replied 3 years ago.
It would make sense to go to a lawyer in Toronto. If the police said it is breaking and entering then you know they won't help you so that won't work.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

416-947-3330 (within the GTA)
Legal Ease and other Canada Law Specialists are ready to help you