Exclusive Home Possession Orders

SOMETIMES IT’S BEST THAT SOMEONE LEAVES.

The Matrimonial Property Act, RSA 2000, c M-8 allows for what is called an “Exclusive Home Possession Order” in certain circumstances. Exclusive Home Possession Orders are available to parties who are married or who are in a common law relationship. An Exclusive Home Possession Order is meant to be a temporary remedy to help resolve a dispute about who will remain in the home. An Order will be granted based on which party would be most inconvenienced by a move (i.e. whether they have somewhere else they could reside), which party has more financial resources, and what is in the best interests of the children (if any). Family violence may also be considered in an urgent Court Application and can be achieved without notice to the other party (i.e. an “ex parte Application”).

An Exclusive Home Possession Order does not mean that the person who is given exclusive possession of the home is entitled to keep the home when it comes time to divide the property.