Can I move out of the matrimonial home without losing my rights in Nova Scotia?

This answer covers the law of Nova Scotia.

Whether moving out of the matrimonial home affects your rights depends on Nova Scotia's Matrimonial Property Act and on your own facts, so get legal advice before you leave. Ownership, possession of the home and parenting arrangements are separate questions, and each can turn on details such as how the home is held and what you have agreed in writing.

Moving out can also matter for divorce timing. Spouses are treated as living separate and apart for any period when they lived apart and either of them intended to live separate and apart. A divorce can rest on marriage breakdown, which is usually shown by at least one year apart.

If you have children, leaving may matter for parenting arrangements. A court making a parenting order considers only the child's best interests, including the child's needs and stability and the history of care. It also gives effect to the principle that a child should have as much time with each spouse as is consistent with the child's best interests. If safety is a concern, an emergency protection order under the Domestic Violence Intervention Act is applied for by telephone, and a victim may apply between 9:00 am and 9:00 pm.