Is an exclusive possession order permanent or temporary in Ontario?

An exclusive possession order under the Family Law Act is temporary, not permanent. It is a tool for managing the living situation during the separation period while the parties sort out the ultimate resolution of their property. The order does not transfer ownership of the home and does not decide the equalization outcome.

Courts set exclusive possession orders for a defined period or until a further court order, the completion of a property settlement, or some other triggering event. The spouse who is ordered out retains their ownership interest and property rights throughout.

If circumstances change significantly — for example, if the children's living situation changes, if one party's financial position improves, or if new evidence of conduct emerges — either party can return to court to vary or terminate the exclusive possession order. The order can also be dissolved by the parties' agreement, such as when a separation agreement is finalized and addresses how the home will be handled. Once the property is sold or transferred as part of the overall settlement, the exclusive possession order becomes moot.