Matrimonial Home: Laws Relating To Possession

September 2, 2025

The best interests of the children affected;

Any existing orders relating to equalization (or ‘family property’) and existing orders relating to support;

The financial position of both of the spouses;

Any written agreement that exists between the parties;

The availability of alternative suitable and affordable accommodation; and,

Violence committed by one spouse against the other spouse or the children.

The potential disruptive effects that a move to another accommodation may have on the children; and,

The children’s wishes.

If it is the first offence, the offending spouse is liable for a maximum fine of $5,000 and up to 90 days in jail; and,

If it is the second or subsequent offence, the offending spouse is liable for a maximum fine of $10,000.00 and up to 2 years in jail.

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