When a relationship ends, one of the hardest questions is often: Who stays in the family home? It’s not just about bricks and walls. It’s about safety, stability, and keeping a sense of normal life, especially if kids are involved. In Ontario, there’s something called “exclusive possession.” Simply put, it means a judge can give one spouse the right to stay in the matrimonial home while the other must move out, even if that spouse doesn’t own the property.
At Tailor Law, we know how emotional and urgent this issue can be for you or your family. Our experienced family lawyers have helped families across Mississauga, Toronto, and the GTA either secure, defend, or even challenge exclusive possession orders. Whether you need a safe place to stay or you’re facing a claim against you, we’ll stay by your side, protect your rights, ensure your safety, stability, fairness, and your future.
Quick Answer: What Is Exclusive Possession of the Matrimonial Home in Ontario?
Exclusive possession is a court order that says one spouse gets the right to stay in the matrimonial home to the exclusion of the other, regardless of whose name is on the title or lease. Courts usually grant this in various serious situations like family violence, urgent safety concerns, or when children’s best interests are at stake.
If you’re thinking about applying for exclusive possession, or if you’ve been served with one, don’t panic. Our team will guide you through the process step by step so you understand your options and don’t feel left in the dark. Whether you need to stay in your home or are facing an exclusive possession claim, we’ll be there for you.
Service Overview: Understanding Exclusive Possession in Ontario Family Law
The matrimonial home holds special legal status in Ontario. Exclusive possession is a powerful remedy that can provide immediate relief and stability during separation or divorce.
Why Exclusive Possession Matters
- Ensures safety and stability for you and your children
- Provides urgent relief in cases of family violence or high conflict
- Protects your right to stay in the home, even if you don’t own it
- Clarifies living arrangements and reduces daily conflict
How Exclusive Possession Works in Ontario
- Who Can Apply?
- Only married spouses can apply under Ontario’s Family Law Act (common-law partners may have other remedies).
- Grounds for Exclusive Possession:
- Family violence or abuse
- Best interests of children
- Urgent need for housing or stability
- Financial hardship
- Court Process:
- A motion is filed with the court, often on an urgent basis.
- The judge considers factors such as safety, needs of children, financial circumstances, and alternative housing.
- Orders can be temporary (until divorce is finalized) or longer-term.
- Effect of the Order:
- The excluded spouse must leave and cannot return without permission.
- Does not change ownership or rights to property division.
Learn more about Property Division
Meet the Legal Team in Mississauga You Can Count On
Why Choose Tailor Law for Exclusive Possession Matters?
- Rapid, Compassionate Response: We prioritize urgent cases and act quickly to secure or challenge exclusive possession orders.
- 10+ Years of Family Law Experience: Our lawyers have represented clients in complex, high-conflict exclusive possession applications across Mississauga, Toronto, and the GTA.
- Child-Centered Advocacy: We focus on safety, children’s best interests, and your long-term security.
- Comprehensive Support: From emergency motions to long-term planning and property division, we’re with you every step of the way.
- Multilingual Team: Serving the diverse communities of the GTA in multiple languages.
How We’re Different
| Feature | Tailor Law PC | Other Firms |
| Emergency Response | ✔ Immediate action for urgent cases | ✖ Slower intake |
| Trauma-Informed Advocacy | ✔ Compassionate, client-centered | ✖ Less specialized |
| 24/7 Consultations | ✔ Always available | ✖ Limited hours |
| Detailed, Clear Process | ✔ Step-by-step guidance | ✖ Limited support |
| Multilingual Services | ✔ Languages for GTA communities | ✖ English only |
| Free Initial Consultation | ✔ No obligation, honest advice | ✖ Paid first meeting |
Our Process: How Tailor Law Handles Exclusive Possession Cases
- Immediate Consultation:
We assess your situation, explain your rights, and determine if exclusive possession is appropriate or can be challenged.
- Application Preparation:
Our lawyers gather evidence, draft affidavits, and file urgent motions when needed.
- Court Representation:
We advocate for you in hearings, present compelling evidence, and argue for your interests.
- Order Enforcement & Follow-Up:
We ensure court orders are enforced and provide ongoing support for related family law issues.
Book your free confidential consultation
Take the First Step – Protect Your Home and Your Rights
If your safety or stability is at risk, please don’t wait. Call (905) 366-0202 or book a confidential consultation online. Our lawyers are available 24/7, and your first meeting is always free.
Reviews & Testimonials
“Tailor Law’s lawyers acted quickly to get exclusive possession of my home. I felt safe and supported through the whole process.”
— S.G., Mississauga
“Their team explained my rights and fought for my children’s stability. I’m grateful for their expertise.”
— L.P., Toronto
“I was able to stay in my home during a difficult separation thanks to Tailor Law’s quick response.”
— R.A., Brampton
Free Guide & Trust Signals
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Frequently Asked Questions About Exclusive Possession in Ontario Family Law
1. Who can apply for exclusive possession?
Only married spouses, not common-law partners, under the Family Law Act.
2. How fast can I get exclusive possession?
Urgent cases can be heard quickly. Tailor Law prioritizes your safety and stability.
3. Does exclusive possession mean I own the home?
No. It only gives you the right to live there for a period; ownership and property division are separate.
4. Can exclusive possession orders include children?
Yes, orders often include children for their stability and safety.
5. What evidence is needed?
Affidavits, police reports, witness statements, and proof of risk or hardship are helpful.
6. Can the excluded spouse get their belongings?
Usually, arrangements are made for supervised access to retrieve belongings.
7. Can an exclusive possession order be changed or ended?
Yes, if circumstances change or by court order.
8. Will the police enforce the order?
Yes. Breaching an exclusive possession order can result in police intervention.
9. Does it affect my right to property division?
No. The order is temporary and does not impact ownership or equalization.
10. How much does it cost?
Tailor Law offers transparent, upfront pricing and payment plans. Your first consultation is free.
Lawyer Bio: Deepa Tailor
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[Alt text: Deepa Tailor, Managing Lawyer at Tailor Law PC]
Deepa Tailor, H.BSc, J.D.
Managing Lawyer, Tailor Law Professional Corporation
Deepa Tailor is a respected family lawyer with an H.BSc and J.D., and over a decade of experience helping clients secure and defend exclusive possession of the matrimonial home. A graduate of the University of Windsor Faculty of Law and a member of the Law Society of Ontario, Deepa is known for her trauma-informed, client-centered advocacy.
This content was legally reviewed by Deepa Tailor, Managing Lawyer at Tailor Law PC.
Take Action Now – Secure Your Home and Your Future
Don’t risk your stability or your children’s well-being. Call (905) 366-0202 or book your free consultation online now. Our experienced family law team is ready to help—24/7.
