Applying for an Exclusive Occupancy Order
Author: Gabrielle Clarke
For accessibility, this guide has been translated into ten languages: Arabic, Simplified Chinese, Traditional Chinese, French, Persian (Farsi), Punjabi, Spanish, Tigrigna, Ukrainian, and Vietnamese.
Sharing a family residence with your spouse while going through separation or divorce proceedings can be difficult and even become impossible. Who can apply for exclusive occupancy of the residence and when? This guide is for spouses and family law advocates seeking more information about exclusive occupancy: what it entails, how to apply, and the reasons you might want to apply .
This guide provides information on:
What is exclusive occupancy?
Who can apply for exclusive occupancy?
How long does an order for exclusive occupancy last?
Should I get an order for exclusive occupancy or a protection order?
How do I apply for exclusive occupancy?
What if I have already moved out of the home?
If I have exclusive occupancy of the home, will I need to pay the full rent or mortgage, property taxes, and so on?
What is the legal test for exclusive occupancy?
This guide does not contain legal advice, and should not be used or considered to be a replacement for legal advice. It is not a comprehensive overview of all possible risks to unrepresented parties using AI. This document aims to serve as an informational guide only and a starting-off point for using AI more cautiously.
We are grateful to the Department of Justice Canada’s - Independent Legal Advice program for funding this guide.
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