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