FAQs Property Division, Sharing & The Matrimonial Home

When does the right to equal possession of the home end?

Typically the right to equal possession is a temporary arrangement while the parties work to resolve any matters which have arisen as a result of the breakdown of the relationship. Usually the only way that equal possession ends is through settlement of the matter and the establishment of a separation agreement. If your matter goes through the court system then one party can be granted exclusive possession on a temporary basis by way of a court order.

You can usually only get a court order for exclusive possession of the home if there is a good reason why one of the parties should not be allowed to remain in the home. These situations include situations in which there are crimes being committed or activities which are dangerous to others in the home taking place in the home caused solely by one spouse. Additionally this includes cases in which your spouse is purposely damaging the home.

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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.