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Family

My spouse refuses to leave after I got an exclusive possession order. What do I do?

TSL Written by the Treadstone Law team· Updated June 2026

An exclusive possession order is enforceable as a court order. If your spouse refuses to comply, you have legal options. A court order for exclusive possession carries the authority of the court behind it, and refusal to comply can constitute contempt of court.

You can attend at a police station with a certified copy of the court order. Police can assist in enforcing a court order for exclusive possession, particularly where a time limit for departure has been stated in the order and has passed. Having a certified copy of the order with you is important.

You can also return to court to seek a contempt finding against your spouse. Contempt proceedings can result in fines or, in serious cases, imprisonment. Courts take non-compliance with their orders seriously. If your spouse is stalling or making the situation difficult, document everything — including dates and times you requested them to leave, their responses, and any communications about non-compliance. Acting promptly and returning to court if informal steps do not work is the appropriate approach.

Key takeaways

  • A court order for exclusive possession is enforceable; refusal to comply is contempt of court.
  • Police can assist in enforcement when a certified copy of the order is presented.
  • You can return to court for a contempt finding if the order is not followed.
  • Document all non-compliance for your court record.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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