Do I still have rights to stay in the matrimonial home after we separate?

Yes. The Family Law Act gives both spouses an equal right to possession of the matrimonial home regardless of who owns it, and this right continues even after separation. Simply leaving the home voluntarily does not automatically forfeit your rights, though a prolonged absence can be relevant in some court applications.

If you own the home in your name alone, your spouse still has the right to remain there. If you do not own it, you still have the right to remain as long as you are married. Neither spouse can unilaterally lock the other out or force them to leave without a court order.

The right to possession during separation is separate from the question of who ultimately gets the home in a property settlement or divorce. Courts can grant one spouse exclusive possession — meaning the other must leave — but that requires a court order and a legal basis. Until then, both spouses have equal right to be in the home. Leaving the matrimonial home during a dispute can have practical and sometimes legal consequences, so it is worth discussing the decision with a lawyer before moving out.