What can I do if my spouse refuses to leave the house after we separate in Ontario?

If your spouse refuses to leave the matrimonial home after separation, your first option is to try to reach a voluntary arrangement — sometimes formalizing a timeline in writing is enough. If that fails, the legal route is to apply to the court for exclusive possession of the home.

An exclusive possession order is a temporary court order that gives one spouse the right to live in the matrimonial home alone while the separation is being resolved. The court considers the best interests of any children, any history of domestic violence, the financial ability of each spouse to find alternative housing, and the overall circumstances. Being the registered owner does not guarantee you will receive exclusive possession — courts focus on what is fair, not just who holds title.

In urgent situations — such as domestic violence — you can seek emergency relief on short notice. An emergency exclusive possession order can sometimes be obtained within days.

While the process unfolds, both spouses retain their legal right to be in the home. Self-help measures like changing the locks or removing the other spouse's belongings are not appropriate and can undermine your credibility in court.