Can You Remove Your Spouse From the Family Home in Saskatchewan?

When a relationship is breaking down, living under the same roof can feel impossible. Many people ask whether they can change the locks, pack their spouse's things, or simply tell them to leave.

The answer depends on your safety, your children, and what a court has ordered. This article explains the legal tools Saskatchewan law describes, and where you should get advice before you act.

This article covers the law of Saskatchewan.

Why you should not simply lock your spouse out

It is natural to think that the person whose name is on the title or lease controls who lives in the home. In practice, ownership is not the whole story for a married or cohabiting couple. Changing the locks or removing belongings on your own can create new problems, including conflict, police involvement and arguments later about your conduct.

If you are not in danger, the safer path is usually to talk to a lawyer about your options before you change anything. If you are in danger, skip ahead to the emergency section below and contact police or victim services.

Emergency intervention orders when there is violence

Under The Victims of Interpersonal Violence Act, a designated justice of the peace can grant an emergency intervention order without notice to the other person. The justice must be satisfied that interpersonal violence occurred and that urgency means the matter should not wait for a judge.

The victim can apply in person, or someone can apply for them with leave. Designated persons such as peace officers and victim services staff may apply by telecommunication, and the order takes effect immediately.

An order can give the victim exclusive occupation of the residence regardless of who owns it. It can also direct a peace officer to remove the respondent, and bar contact, including electronic contact, or attendance at places like work or school.

• After the order is granted, the justice sends it to the court, and a judge reviews it within three working days of receipt, or as soon as a judge is available.
• The victim or the respondent can apply to vary or revoke the order.
• How the definition of interpersonal violence applies to your situation depends on the facts, so it is worth confirming with a lawyer.

The home and property division

Even if one spouse leaves, the home does not simply become theirs or yours. Under The Family Property Act, family property is distributed equally between spouses unless the court finds an equal distribution would be unfair and inequitable. The Act applies to married spouses and to unmarried spouses who cohabited continuously for two years or more.

The family home has a stricter test. Equal distribution applies unless the court is satisfied it would be unfair and inequitable, having regard only to an extraordinary circumstance, or unless the spouse with the children would otherwise be treated unfairly.

Some property can be exempt from distribution, such as property owned before the relationship, gifts from third parties and inheritances. That exemption expressly excludes the family home and household goods. This means a home one spouse owned before the relationship may still be treated as family property.

Children and the home

If you have children, the home often becomes tied to parenting questions. Decision-making responsibility covers significant decisions about a child's well-being, such as health, education and religion, and parenting time is the time a child spends in a person's care. These are separate ideas, and neither is the same as who lives in the house.

Family matters coming to court in Saskatchewan are required to attempt a family dispute resolution process by the close of pleadings. A person can apply for an exemption where there has been interpersonal violence, the other parent has abducted a child, or there is other urgency.

Whether a court can order one spouse out of the home outside of the emergency process, and on what terms, depends on the facts and the statute that applies. A lawyer can confirm this for your situation.

What to do next

• If you or your children are in immediate danger, call police or contact victim services about an emergency intervention order.
• Do not change locks or remove your spouse's belongings before getting advice.
• Write down dates and incidents, and keep copies of messages.
• Gather documents about the home: title or lease, mortgage statements and any written agreements between you.
• Think about a safe place to stay if tension is rising.
• Speak with a family lawyer about exclusive occupation, parenting arrangements and dividing property.

Frequently asked questions