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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 11-01-2006, 01:14 AM
cigar7 cigar7 is offline
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Default Exclusive Possession Of Home

I understand that a court can grant exclusive possession of the matrimonial home to one spouse based on

(a) the best interests of the children affected;
(b) any existing orders under Part I (Family Property) and any existing support orders;
(c) the financial position of both spouses;
(d) any written agreement between the parties;
(e) the availability of other suitable and affordable accommodation; and
(f) any violence committed by a spouse against the other spouse or the children. R.S.O. 1990, c. F.3, s. 24 (3).
Best interests of child
(4) In determining the best interests of a child, the court shall consider,
(a) the possible disruptive effects on the child of a move to other accommodation; and
(b) the child’s views and preferences, if they can reasonably be ascertained. R.S.O. 1990, c. F.3, s. 24 (4).

In the case where one child is 19, and is in residence at a college and the other child 21, for the most part resides in the matrimonial home, attending school part-time, and there has been no violence, in regards to income, and the parties have about equal income, and there are no existing orders under Part 1, would the court grant exclusive possession of the home to one spouse? Would the parties be forced to sell the house if they could not come to an agreement on trading assets for equalization? The home is located in Toronto, so I assume there is other suitable and affordable accommodation.
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Old 11-01-2006, 10:57 AM
wmike wmike is offline
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Default Exclusive Possession.

Hi...

In keeping this short...I went through this very same thing back in May of this year. I attended a Case Conference and this very same issue came up.

Exclusive possession is granted in very rare cases..in my case there was no evidence of violence in the Family. Either verbal or physical. The request from my spouse was denied.

It's always in the "Best Interest" of the children to remain within the matramonial home.

Regards.
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Old 11-04-2006, 01:17 AM
cigar7 cigar7 is offline
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Default "Interest of Children"

I understand the best interest of the children are to remain in the home, especially small children. My children will always be my children, even when they are 30 or 40 or 50 years old. So does that mean the court will give wife exclusive possession even though the children are 19 and 21?

A person 19 years or older is also an adult, by every legal definition. Is there any common sense/reasoning applied by the judical system to say, in a situation like this, that's a child's interest no longer applies? Should I just give notice to the kids to move out now, before applying for divorce?
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