Exclusive Possession

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

Section 24(1)(b) of the Family Law Act tempers section 19 which states that both parties have an equal right in the matrimonial home, as the former states that a court may rule that one party possess the matrimonial home exclusively.

Section 24(3) of the Family Law Act sets out the criteria that must be considered before a court can award one of the parties exclusive possession of the matrimonial home, and one of which is if any violence was committed by a spouse against the other spouse or the children.

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 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 905.707.3370 today.