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Family

Can I get exclusive possession of a cottage or second home that is a matrimonial home in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

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.
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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