Only one spouse owns the Matrimonial Home. Can they force me to leave?
- Generally no. You can stay in a Matrimonial home while separating. Your spouse can only force you to leave with a court order or mutual agreement. In Ontario, The Family Law Act gives both spouses, if married, (but not common-law) an equal right to reside in the matrimonial home from the time they have separated until the divorce or disposition of the matrimonial home.
What can I do remove my ex from the family home?
- Pursuant to Section 24(1) of the Family Law Act, one spouse may apply to the court for exclusive possession of the home. This allows a spouse to continue to occupy the home and have the other spouse removed from the home on a temporary or final basis.
Who has to leave the house in a separation?
- Generally both spouses can continue to reside in the matrimonial home.
- In some cases, it may be unworkable for the spouses to remain living together in the same home. Pursuant to Section 24(1) of the Family Law Act, one spouse may apply to the court for exclusive possession of the home. This allows a spouse to continue to occupy the home and have the other spouse removed from the home on a temporary or final basis. These orders are often temporary and are used in situations where spouses are incapable of living together, such as situations involving high conflict, or domestic violence in the home. An order for exclusive possession does not grant one the right to sell or mortgage the matrimonial home without the permission of the other spouse.
Who gets the matrimonial home in a divorce with children?
- Generally the value of the matrimonial home is equalized between the both spouses even if only one is on title.
What do I need to prove to remove my spouse from the matrimonial home?
- In determining whether to make an order for exclusive possession, the court shall consider,
- the best interests of the children affected;
- any existing orders under Part I (Family Property) and any existing support orders or other enforceable support obligations;
- the financial position of both spouses;
- any written agreement between the parties;
- the availability of other suitable and affordable accommodation; and
- any violence committed by a spouse against the other spouse or the children.
- the possible disruptive effects on the child of a move to other accommodation; and
- the child’s views and preferences, if they can reasonably be ascertained.
How we can help
- If you are going through a separation and have concerns with respect to conflict in the home, or stability for your children, exclusive possession may provide some relief. Contact Unified LLP for more information or if you require assistance with a separation or divorce.
