Can we agree to exclusive possession of the matrimonial home without going to court in Ontario?

Yes. Spouses can agree between themselves about possession of the matrimonial home without a court order. This is often the preferred approach — it is faster, less expensive, and less adversarial than litigation. The agreement should be documented in writing as part of a temporary agreement or a full separation agreement.

A written agreement about exclusive possession can specify which spouse will remain in the home, what the financial responsibilities of each party are during that period, how long the arrangement will last, and what happens to the property ultimately. If both spouses agree to the arrangement, it is enforceable as a contract between them.

There are practical considerations. If the arrangement is not a formal court order, it may be harder to enforce quickly if one party later refuses to comply. A court order carries more immediate enforcement weight. For this reason, parties sometimes choose to have their agreement reflected in a formal court order — they appear on consent before a judge, who issues the agreed order. A consent order has the full enforcement authority of any other court order. Your lawyer can advise on whether a written agreement or a consent order is more appropriate for your situation.