Who gets to stay in the house during separation if we both own it in Ontario?
If you are a married couple and the home is the matrimonial home, both of you have an equal right to live there after separation, regardless of who owns it or whose name is on the mortgage. Neither spouse can simply force the other to leave.
If the situation is untenable — for example, there is conflict, domestic violence, or children's routines are being disrupted — either spouse can ask the court for exclusive possession. A judge will weigh the best interests of any children, each spouse's financial situation, the availability of alternative housing, and any history of domestic violence. Exclusive possession orders are temporary and do not determine who ultimately keeps the house.
If you are a common-law couple, this special protection does not apply. The partner whose name is on the title generally has the right to ask the other to leave, unless there is a cohabitation agreement or court order saying otherwise.
In practice, many separating couples reach a practical arrangement without going to court — one spouse voluntarily moves out, often with a written acknowledgment that this does not waive any property rights. Getting that agreement in writing is important.
Key takeaways
- Both married spouses have an equal right to remain in the matrimonial home after separation.
- A court can grant exclusive possession to one spouse if the circumstances require it.
- Common-law partners do not have the same automatic right to the home as married spouses.
- Voluntarily moving out does not waive your property rights, but document the arrangement in writing.