How do I apply for exclusive possession of the matrimonial home in Ontario?

An application for exclusive possession is made to the Ontario Superior Court of Justice or the Ontario Court of Justice (Family Court in unified family court areas). You can bring an exclusive possession claim as part of a broader Application under the Family Law Rules, or you can seek it urgently as a motion if the circumstances require immediate relief.

To support your application, you will need to file an affidavit explaining your situation, the circumstances at home, the needs of any children, the financial situation of each party, and why an order is appropriate. You should document any incidents of conflict, violence, or conduct that supports the order. Evidence that children are being disrupted, that the shared living situation is untenable, or that one party is being harassed or controlled is relevant.

Courts also consider whether the spouse seeking to remain can afford the carrying costs of the home. If you cannot maintain the mortgage and other costs on your own, the court may factor that into its decision. Legal representation is strongly recommended — exclusive possession motions are contested and the other spouse will typically have an opportunity to file responding materials.