Who Pays the Mortgage and Bills After an Exclusive Possession Order in Ontario?

It depends on the order the court makes and on your circumstances. When a court grants exclusive possession of the matrimonial home, regardless of who owns the home and its contents, it may also make orders for preservation, periodic payments and repair or maintenance costs. Temporary or interim orders are available on motion.

In deciding whether to order exclusive possession, the court considers the best interests of the children, existing orders and support obligations, the financial position of both spouses, any written agreement between the parties, whether other suitable and affordable housing is available, and any violence committed by a spouse against the other spouse or the children. Because every family's finances differ, the wording of the order matters.

Who covers the mortgage, taxes, utilities and repairs depends on what the order says, so read it closely and keep records of what you pay. Owning the home does not by itself decide who stays, because the order can be made regardless of ownership. If it is unclear, a lawyer can explain how it applies to you and what your options are.