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Exclusive Possession of the Matrimonial Home

Your spouse cannot kick you out of the matrimonial home.

Even if your name is not on the title, your spouse cannot kick you out of the matrimonial home without a court order — and a court must consider certain factors before it makes that determination, including the financial circumstances of the parties, the best interests of the children, the safety of the parties and the ultimate need for any sale of the property.

Having exclusive possession of the matrimonial home can lead to a settlement that favours the spouse who remains in the house. As a result, it is critical to obtain early legal advice as to when and how to attempt to secure exclusive possession of the matrimonial home – and how to avoid conduct, which can give rise to being forced to leave the home.

Elliot S. Birnboim, a Toronto family lawyer with over two decades of experience, created to encourage early intervention in your divorce case so that your rights are preserved and a fair settlement is achieved.

If you move out, you may lose your rights. has a key message: that the matrimonial home is the crucial asset in many divorce cases. Possession of the home by one spouse or the other almost invariably affects all other issues, including the lives of your children.

If you leave the matrimonial home, you are placing yourself at a disadvantage, and may seriously jeopardize your property rights, child custody, child support and spousal support rights.

Exclusive possession is a powerful remedy.

Because of the critical impact of possession of a matrimonial home, a court order granting exclusive possession has far-reaching implications in your divorce. Steps must be taken to ensure that you are not forced out of the matrimonial home. Early consultation with a family law lawyer is crucial.

Elliot can give you the advice you need to help you in all aspects of your life after divorce in Ontario.

Call us for a free consultation.

Understand how exclusive possession affects you. Get in touch today at 1.800.648.7943 or 416-800-2573 for a consultation with our lawyer. You can also use our online contact form.

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