"My spouse won't leave the house"......(Ontario)

In Ontario, if you are married to your spouse, you have the same rights as he/she does to "possess" the house, condo or apartment in which you reside during marriage, meaning, to live there.

These are called "possessory rights" and they are entirely separate from who actually owns the property (has title to it).

Common-law spouses do not have the same rights to possession.

On separation, who stays and who moves out often becomes a live issue. Separation often involves tears, disappointment, anger and sometimes, even a power struggle. When separated spouses continue to live together in the matrimonial home (which may include a condo, an apartment, a farm, etc.), the atmosphere is rarely pleasant. In some cases, it may become more than unpleasant: - arguments, efforts at control, invasion of privacy and power-struggle over possessions or even time with children are some examples of what separated spouses face. At the height of such difficulties we hear about domestic violence, abuse and intimidation.

We are often asked: "Can we not make her/him move?", "kick them out?",  "make them go elsewhere?"

There are two circumstances under which a spouse vacates a matrimonial home after separation:

1. they do so voluntarily OR

2. they move because they are ordered to so by Court Order - here, the Order amounts to depriving the moving spouse of their "possessory rights" and Courts are generally reluctant to make such "exclusive possession" Orders without very good reasons.

Here are some examples of what will not result in an Order for exclusive possession (and this list is not exhaustive):

a) it's not pleasant in the home
b) your spouse stares at you
c) your spouse reads your emails
d) your spouse has told the children of the separation without telling you in advance
e) you and your spouse argue from time to time
f) your spouse speaks loudly
g) your spouse hogs the TV and has not bought groceries in weeks (depending on the actual financial circumstances, this may have to be addressed by a request for support);
h) your spouse is out at all hours and barely home.

Here are some example of what will likely result in an Order for exclusive possession (again, the list is not exhaustive):

a) your spouse is extremely verbally abusive and there are independent witnesses to corroborate this;
b) your spouse is physically abusive;
c) your spouse stalks you and bullies you;
d) your spouse has thrown objects at you;
e) your spouse acts in a way which causes you to fear for your safety and/or the safety of your child/children.

If you want more information about this very important issue, please speak to a lawyer. Do not rely on the internet alone for legal advice. Seeking information is helpful but ultimately, you should have assistance from someone who is well-versed in the area and can provide real help.

UPDATE - January, 2018

We are pleased to let you know that our Etsy shop is now OPEN!

Visit it here: SELFREP SUPPORT

In the shop, we make available to you Manuals (E-books) on various topics, to assist you in representing yourself before Ontario's family law Courts.

So far, we have Manuals on preparing an effective:

• Financial Statement (both long-form and short-form); and
• Affidavit.

MORE MANUALS TO COME!