No announcement yet.

Exclusive Possession Order Info Needed

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Exclusive Possession Order Info Needed

    My husband and I are married almost 5 years. Our marriage is over however we both still live in the same matrimonial home in different rooms. I have a 16 year old still living at home (from another marriage) and my 18 year old will not return to the home with my husband there. My husband wants to buy me out (does he have the financial means I don't know and don't think so). He asked me to give him some time to work out some financial issues. That was well over 6 weeks ago. He continues to stall on buying me out or selling the house. His comment is "I am not inconveniencing myself by selling until I am ready to do anything and that could take months." I am unable to move until I receive monies from the buyout or sale. And naturally he encourages me to move out and rent (as I leave my name on that mortgage with him - I don't think so. That would be suicide). Home life is just barely bearable. He is a psychological bully and it is certainly affecting my daughter. He sends us on an emotional rollercoaster with his petty bickering, nit-picking, mood swings and attempts at controlling my daughter's life. My son is displaced and living at a friends temporarily. We have no family in this province nor support system. Can someone tell me the process of obtaining a temporary exlusive possession order, how long that can take, the process involved, etc? He is just being malicious and spiteful since he knows I want to leave and it is he who is preventing this (control). I figure with him out temporarily, this will push the issue of a sale of buyout. Either way, the process begins. Any comments would be greatly appreciated. My children and I are barely keeping our head above water (emotionally) and need to move out and be together. My daughter is getting constant nose bleeds and stomach aches and both children - this semester at school was basically a write off.

  • #2

    you would have to bring forth an application with the courts, and upon doing so, make a claim for all the issues including exclusive possession of the home.

    Generally exclusive possession is awarded on the child's best interest, this usually is the main criteria.

    After a first case conference, either party can bring forth a motion to settle any interim issues.



    Our Divorce Forums
    Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.