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Ontario Family Law Act
Section 19 - Possession of Matrimonial Home[One of the most emotional and difficult to resolve issues is which divorcing spouse gets to stay in the matrimonial home.]
(1) Both spouses have an equal right to possession of a matrimonial home.
[Both spouses have an equal right to stay in the matrimonial home even though they are separated. Once spouse cannot force the other to leave without a court order
or until the divorce is final.]
(2) When only one of the spouses has an interest in a matrimonial home, the other spouse's right of possession,
(a) is personal as against the first spouse; and
(b) ends when they cease to be spouses, unless a separation agreement or court order provides otherwise.
[Note that this only applies to
divorcing spouses; if you and your spouse aren't married there is no equal
right to possession of the home unless both the title to the home is in both
parties' names].
Return to Family Law Act index.
