Can I make my spouse leave the family home when we separate in Saskatchewan?

This answer covers the law of Saskatchewan.

Whether you can make your spouse leave the family home depends on your situation, and where there is violence there is an emergency route. If you are in danger, call the police.

Under The Victims of Interpersonal Violence Act, a designated justice of the peace can grant an emergency intervention order without notice if satisfied interpersonal violence occurred and urgency means the matter should not wait for a judge. The order can give the victim exclusive occupation of the residence regardless of ownership, direct a peace officer to remove the respondent, and bar contact, including electronic contact. A judge reviews it within three working days of receipt, or as soon as a judge is available, and the victim or respondent can apply to vary or revoke it.

Outside situations of violence, whether a court can order one spouse out under The Family Property Act or The Children's Law Act, 2020 depends on those Acts and your facts, so a lawyer can confirm what applies. Moving out yourself can raise questions, so get advice first. When the family home's value is divided, equal distribution applies unless the court finds it unfair and inequitable based only on an extraordinary circumstance, or the spouse with the children would otherwise be treated unfairly.