Exclusive Possession of the Matrimonial Home in Ontario

In domestic abuse cases, often the victimized party will request exclusive possession of the matrimonial home. This must be specifically outlined in the application for divorce. Also, unmarried parties are unable to request exclusive possession of the matrimonial home.

The court will distinguish an isolated incident of abuse from a pattern of abuse. Therefore, the application for divorce should clarify and specify when exclusive possession of the matrimonial home is being requested based on a history of abuse. However, where the single incident involved physical violence, the court will consider the request for exclusive possession due to the precarious and dangerous situation of allowing the abuser back in the home.

To learn more about exclusive possession in Ontario, as well as the services provided by Krol & Krol, call (289) 907-1081 today.