Exclusive Possession of the Matrimonial Home

Your spouse cannot kick you out of the matrimonial home.

In Ontario, the Family Law Act ensures that both spouses have an equal right to possession of the marital home, regardless of ownership. This means that even if your name is not on the title, your spouse cannot kick you out of the matrimonial home without a court order — and a court must consider certain factors before it makes that determination, These can include:

• The best interests of the children – a move to other accommodations can have possible disruptive effects on any children involved.
• The financial circumstances of both spouses – one spouse may be in a better financial position than the other to afford the payments and upkeep of the matrimonial home.
• The availability of other suitable and affordable accommodations.
• Any violence committed by one spouse against the other spouse or the children – no spouse or children should be exposed to any violence. If violence has been committed, the court may rule for the violent spouse to be removed, especially if children are involved.

In some cases, a “nesting” or “bird’s nest” order may be issued, which indicates that the spouses will share the matrimonial home after separation. This usually occurs on a week-on/week-off basis while the children remain in the home full-time. This is a creative solution to causing less disruption for children since they remain in the matrimonial home.

Having exclusive possession of the matrimonial home can lead to a settlement that favours the spouse who remains in the house. As a result, it is critical to obtain early legal advice as to when and how to attempt to secure exclusive possession of the matrimonial home – and how to avoid conduct contact, which can give rise to being forced to leave the home.

Elliot S. Birnboim, a Toronto family lawyer with over two decades of experience, created MatrimonialHome.com to encourage early intervention in your divorce case so that your rights are preserved and a fair settlement is achieved.

If you move out, you may lose your rights.

MatrimonialHome.com has a key message: that the matrimonial home is the crucial asset in many divorce cases. Possession of the home by one spouse or the other almost invariably affects all other issues, including the lives of your children.

If you leave the matrimonial home, you are placing yourself at a disadvantage, and may seriously jeopardize your property rights, child custody, child support and spousal support rights.

Elliot S. Birnboim, a Toronto family lawyer with over two decades of experience, created MatrimonialHome.com to encourage early intervention in your divorce case so that your rights are preserved, and a fair settlement is achieved.

Exclusive possession is a powerful remedy.

Because of the critical impact of possession of a matrimonial home, a court order granting exclusive possession has far-reaching implications in your divorce. Steps must be taken to ensure that you are not forced out of the matrimonial home. Early consultation with a family law lawyer is crucial.

Exclusive possession of the matrimonial home has many benefits and can provide a huge advantage in a divorce case. The benefits can include:

• Comfort – you get to stay in the matrimonial home while your spouse must leave
• By staying in the home, you have a stronger case for being awarded custody of your children because it is less disruptive for them to remain in the home.
• If you get primary care of the children, then your spouse will have to pay child support. Additionally, if you are the non-owning spouse, then your spouse may be required to pay for the home’s carrying costs instead of support.

The benefits of exclusive possession are so good that it is often contested between spouses that are separating and requires an experienced lawyer’s counsel. Elliot can give you the advice you need to help you in all aspects of your life after your divorce in Ontario.

Call us for a free consultation.

Understand how exclusive possession affects you and how to get exclusive possession of your matrimonial home. Get in touch today at 1.800.648.7943 or 416-800-2573 for a consultation with our lawyer concerning exclusive possession of your matrimonial home. You can also use our online contact form. We are happy to help!