Can You Be Forced to Leave the Family Home in Ontario?

After a breakup, one person sometimes says, "It's my house, get out." Others change the locks or pack a bag for you. If you are the one on the receiving end, the first question is usually whether anyone can really do that.

The answer in Ontario depends on whether you are married, who is in danger, and what a court has ordered. This article explains the general rules so you can understand your position, and when to get advice quickly.

Your equal right to the matrimonial home

A matrimonial home is every property in which a spouse has an interest and that is, or was at the time of separation, ordinarily occupied by the spouses as their family residence.

Both spouses have an equal right to possession of a matrimonial home, whoever holds title. Without a court order, a non-owning married spouse cannot be put out of the home simply because the other spouse owns it.

The same rules protect the home from being sold out from under you. No spouse may sell or mortgage an interest in a matrimonial home unless the other spouse joins in or consents, has released their rights in a separation agreement, a court order authorizes it, or another property is validly designated and registered as the matrimonial home.

Situations where the answer changes

If you are not married, your position may turn on who is on title or the lease and on other claims. That is something a lawyer can confirm for your facts.

When a court orders exclusive possession

Regardless of who owns the home, a court may order that one spouse be given exclusive possession of the home, or part of it, for a period the court directs. It can also order periodic payments, deal with the contents, and order payment of repairs and maintenance. A temporary or interim order can be made on a motion.

In deciding, the court must consider:

• The best interests of the children affected.
• Any existing property and support orders.
• Both spouses' financial positions.
• Any written agreement.
• Whether other suitable and affordable accommodation is available.
• Any violence by a spouse against the other spouse or the children.

On the children's interests, the court looks at the possible disruptive effects of moving and at the child's views and preferences if they can reasonably be ascertained. Ontario also says a married person can ask the court for exclusive possession even if the home is in the spouse's name.

If you have been locked out or told to leave

Start with safety. A person in danger should call 911 or local police immediately. A person abused by a spouse or partner can ask the court for a restraining order, which can require the other person to stay away from specific places such as the home, workplace or the children's school.

If there is no immediate danger, avoid breaking in or arguing at the door, which can make things worse. Instead:

• Record the date, time and what was said or done, and keep any messages.
• Take photos of the situation and note what belongings you cannot reach.
• Arrange safe, temporary accommodation if you need it.
• Keep copies of ID, financial records and documents about the home, if you can reach them safely.
• Ask about a motion for interim exclusive possession, since a court may make a temporary or interim order on a motion.

If you are worried about property being sold, hidden or run down, a court may make an interim or final preservation order restraining the depletion of property.

What to do next

Ontario's Family Law Information Centres are free services across Ontario that give information about separation, divorce and related family law issues, and include duty counsel provided by Legal Aid Ontario. They can help you understand the process.

• Confirm whether you are married, and who is on title or the lease.
• Do not sign a sale, mortgage or release without advice.
• Gather proof of residence, children's schedules and finances.
• Speak with a lawyer soon if you are locked out, since timing can matter.

Frequently asked questions