Can a Spouse Who Owns the Home Alone Kick the Other Spouse Out in Ontario?
Generally no. Both spouses have an equal right to possession of a matrimonial home, whoever holds title, and moving out does not end that statutory right. So being the only owner on title does not, by itself, let you change the locks or make your spouse leave.
A spouse who owns the home cannot sell or mortgage it unless the other spouse joins in or consents, has released their rights by separation agreement, a court authorizes it, or another property has been properly designated as the matrimonial home. Without that consent a sale or mortgage can be set aside, unless the buyer or lender acquired it for value, in good faith and without notice it was a matrimonial home. The court may order that one spouse have exclusive possession, regardless of who owns the home, and looks at factors including the children's best interests, both spouses' finances, available housing and any violence.
An exception applies when only one spouse has an interest in the home: the other spouse's right is personal against the owner and ends when they stop being spouses, for example on divorce, unless a separation agreement or court order provides otherwise. Your situation depends on the facts, so get advice before you act.
Key takeaways
- Both spouses have an equal right to possession of a matrimonial home, whoever holds title, and moving out does not end that statutory right.
- A spouse cannot sell or mortgage the home unless the other spouse joins in or consents, has released their rights by separation agreement, a court authorizes it, or another property is properly designated.
- The court can order exclusive possession to one spouse, looking at factors such as the children's best interests, finances, available housing and any violence.
- After a divorce, a non-owner spouse's right of possession ends unless a separation agreement or court order provides otherwise.