Can You Be Separated While Living in the Same House in Newfoundland and Labrador?

Many couples in Newfoundland and Labrador cannot afford to move out the day the relationship ends. Rent, a mortgage, or the needs of children can keep two people in one home for months or longer. It is natural to wonder whether you are really separated if you still share an address.

The short answer is that it can count, but the details matter. This article explains how the Supreme Court of Newfoundland and Labrador treats separation, why your separation date matters, and what rights you each keep in the home while you sort things out.

This article covers the law of Newfoundland and Labrador.

Does separation need a court filing?

No. The court's divorce and separation page treats separation as a matter of living apart, and nothing on it says you need a court filing or court order to separate. Court forms come in only when someone applies for a divorce or for orders on parenting, support or property.

That means there is no form to sign to become separated. What matters is how you and your spouse actually live.

Can you be separated under one roof?

Yes, it is possible. Spouses can be separate and apart while still living in the same house. The court's page says they may qualify if they stop joint activities, such as using separate bedrooms and doing laundry separately.

Whether your situation qualifies depends on the facts. Examples of things people often look at include:

• Whether you sleep in separate bedrooms.
• Whether you do your own laundry and meals separately.
• Whether you have stopped doing things together as a couple.
• Whether you can show when the change happened, for example through messages or a written note between you.

If you are unsure whether your arrangement would be accepted, a lawyer can look at your specific facts.

Why your separation date matters

Your separation date is not just a label. Several deadlines and rules run from it.

Because of this, it helps to keep a clear record of when you began living separate and apart.

Reconciliation, the one-year clock and starting early

Trying to reconcile does not automatically undo your separation. Spouses are still considered to have lived separate and apart if they resume cohabitation for reconciliation for not more than 90 days in total. A short attempt therefore does not reset the one-year clock, but cohabiting beyond 90 days does.

You also do not have to wait for the full year before starting the paperwork. The court's page says an applicant can start the divorce application before the one-year separation has ended, but the one year must be complete when the divorce is determined.

Rights in the home and putting things in writing

Special rules apply to the matrimonial home between married spouses. How they apply to unmarried partners depends on your situation, so it is worth confirming with a lawyer. For the matrimonial home, the dwelling occupied by the spouses and owned by either or both, each spouse has the same right of use, possession and management. A court can give one spouse exclusive possession on application.

Many couples want to record how they will live in the meantime and what happens afterward. Persons who have cohabited in a conjugal relationship and are living separate and apart may enter into a separation agreement. To be enforceable, a domestic contract must be in writing, signed by the parties and witnessed.

Courts can set an agreement aside if a party failed to disclose significant assets or debts, or did not understand the nature or consequences of the contract. Full financial disclosure is therefore important.

• Write down the date and how your living arrangements changed.
• Gather financial records for both of you.
• Talk with a lawyer before signing any agreement.
• Make sure any agreement is in writing, signed and witnessed.
• Note the support and property time limits that run from your separation date.

Frequently asked questions