FAQs Property Division, Sharing & The Matrimonial Home

If my spouse has received an order for exclusive possession can I ever enter the home?

Usually when an order for exclusive possession is made, the court order will also include a term that the other spouse can periodically enter or enter on a specific date for a pre-specified purpose.

Normally a spouse is allowed to reenter the home after an order for exclusive possession for reasons such as the need to retrieve certain belongings or sometimes to exercise custody or access to children. These types of orders almost always set out specific dates for access or that a certain amount of notice should be given prior to reentry.

It is important to know that just because a spouse has been given exclusive possession of the home it does not mean that they now own everything in the home. It is a temporary arrangement and the spouse with exclusive possession does not have the right to dispose of or sell the other spouses property.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.