Who has to leave the house when a couple separates in Newfoundland and Labrador?

This answer covers the law of Newfoundland and Labrador.

Neither spouse is automatically required to leave the matrimonial home when a couple separates in Newfoundland and Labrador. Under the Family Law Act, the matrimonial home is the dwelling the spouses occupy that is owned by either or both of them, and each spouse has the same right of use, possession and management of it. So whose name is on the title does not decide who must go.

Spouses can be separate and apart while still under one roof if they stop joint activities, such as using separate bedrooms and doing laundry separately. If one spouse wants the other out, a court can give one spouse exclusive possession of the matrimonial home, but only on application. A written separation agreement can also address the home, and it must be in writing, signed and witnessed to be enforceable.

These home rules speak of spouses, and common-law partners are covered separately by the Act's partner definition, so how they apply to an unmarried couple is worth confirming with a lawyer. If safety is a concern, get advice promptly. What a court will weigh in granting exclusive possession depends on your circumstances. If you are in immediate danger, contact emergency services right away.