What is an exclusive possession order for the matrimonial home in Ontario?

An exclusive possession order is a court order that gives one spouse the right to live in the matrimonial home to the exclusion of the other, even if that other spouse is an owner of the property. The Family Law Act specifically authorizes courts to make these orders and sets out factors the court must consider.

Exclusive possession is considered an extraordinary remedy because it deprives a spouse of access to their own home. Courts take these applications seriously and do not grant them automatically. The test requires the court to weigh the best interests of any children of the marriage, the financial situation of each spouse, other housing options available to each party, and whether there has been any violence or threats by either spouse.

An exclusive possession order is temporary in nature and does not affect property ownership or the eventual equalization of property. The spouse who is ordered out of the home still retains their ownership interest and their rights in the equalization process. The order is designed to resolve the immediate living situation during the separation period rather than to permanently decide who gets the property.