Can I get exclusive possession of a cottage or second home that is a matrimonial home in Ontario?
Yes. Exclusive possession orders can apply to any property that qualifies as a matrimonial home under the Family Law Act, including a cottage or seasonal property. If the cottage was ordinarily occupied by the couple as a family residence, it meets the matrimonial home threshold and is subject to both the possession rights and the exclusive possession provisions.
However, courts weigh the same factors for a secondary property as for a principal residence: best interests of any children, financial situation of the parties, available alternatives, and conduct. Because a cottage is typically a secondary property and not the family's day-to-day home, the urgency and necessity that support exclusive possession of a primary residence may be harder to establish.
The more common outcome for secondary matrimonial homes during separation is an agreement about seasonal use — for example, alternating access to a cottage during the summer — rather than a formal exclusive possession order. If there is genuine conflict about the cottage and no agreement is possible, a court motion is the appropriate step. The practical cost of litigation over exclusive possession of a seasonal property should be weighed against the alternatives.
Key takeaways
- Exclusive possession can be ordered for a cottage or secondary home that qualifies as a matrimonial home.
- Courts apply the same Family Law Act factors as for a principal residence.
- Necessity may be harder to establish for a secondary property.
- Alternating use agreements are a common practical resolution for cottages.