Can I get exclusive possession of the matrimonial home if we have no children?

Yes, exclusive possession can be granted even when there are no children, but it is harder to obtain. The children's best interests factor is often the most compelling ground, so without children, the applicant must rely more heavily on other factors under the Family Law Act.

Courts have granted exclusive possession without children where one spouse has engaged in conduct that makes shared living seriously harmful to the other, such as domestic violence, harassment, or intimidating behaviour. A pattern of controlling conduct, threats, or physical violence can justify exclusive possession even in a childless marriage.

Financial hardship can also support a claim — if selling the home immediately would cause serious financial harm to one spouse who has no other housing options, a court may allow that spouse to remain. However, courts are cautious about using exclusive possession orders as a general conflict-resolution tool. The fact that the parties simply do not get along or find living together difficult is typically not sufficient on its own. You will need specific evidence of circumstances that make it unreasonable or harmful for both parties to continue living in the home.