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Family

Can I kick my spouse out of the house when we separate in Saskatchewan?

TSL Written by the Treadstone Law Team· Updated November 13, 2026

This answer covers the law of Saskatchewan.

Whether your spouse can be required to leave depends on your situation, so it is worth getting legal advice before changing locks or forcing them out.

If safety is a concern, an emergency intervention order under The Victims of Interpersonal Violence Act may help. A designated justice of the peace can grant it without notice if satisfied interpersonal violence occurred and urgency means the matter should not wait for a judge. It can give the victim exclusive occupation of the residence regardless of ownership, direct a peace officer to remove the respondent, and bar contact or attendance at places like work or school. A judge reviews it within three working days of receipt, or as soon as a judge is available, and either person can apply to vary or revoke it.

Dividing property is a separate question from who can stay in the home. For the family home, equal distribution applies unless the court is satisfied it would be unfair and inequitable, having regard only to an extraordinary circumstance, or the spouse with the children would otherwise be treated unfairly, which is stricter than for other family property. Other possession orders depend on the facts, so speak with a lawyer. If you are in danger, contact the police right away.

Key takeaways

  • Whether your spouse must leave depends on the facts and sometimes on a court order, so avoid forcing them out on your own.
  • An emergency intervention order can give the victim exclusive occupation of the residence regardless of ownership.
  • A designated justice of the peace can grant the order without notice if interpersonal violence occurred and the matter is too urgent to wait for a judge.
  • A judge reviews the order within three working days of receipt, or as soon as a judge is available.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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