protecting and staying in your home

Your home is often the single largest asset you possess. It houses not just your family, but also the vast majority of your other property. When in the middle of a separation or divorce, the question of “who gets to stay in the home?” becomes a very large and very important question with serious repercussions.

Exclusive Home Possession Orders are meant to temporarily resolve the situation when you can’t agree who should stay in the home.  You might ask for an Order for Exclusive Possession if it is no longer tolerable for you and your spouse to live together.

An Order for Exclusive Possession is available to parties who are married or who are in a common law relationship. It is also available whether you rent or own your home, and whether title or the lease is in joint or sole names.

This doesn’t mean that you get to keep the house forever, or that the person vacating is giving up all of their interest in the house: you will still have to ultimately resolve how all of your assets and debts will be divided, including the house and any mortgage.

When a Judge is considering an application for an Exclusive Home Possession Order, they will consider such questions as:

  • Which party has more financial resources?
  • What is in the best interests of the children (if any)?
  • Who is the custodial parent?
  • Is there an Order or agreement for child and/or spousal support?
  • Which party would be most inconvenienced by a move (i.e. whether they have somewhere else they could reside)?
  • Can either one of you afford to rent or buy another home?

In urgent applications, the issue of family violence may also be considered and the application for exclusive possession of the home can be made without notice to the other party.

If you feel you need an Exclusive Home Possession Order, contact us online or call us today at 587-943-1394.

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