Applying for an Exclusive Occupancy Order
Author: Gabrielle Clark
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?
Please note that nothing in this document is to be construed as being legal advice or considered to be legal advice. The Supreme Court Family Rules, various requirements, and other resources mentioned in this guide are subject to frequent changes. This document aims to serve as an informational guide only and a starting-off point for further inquiry and consultation with a lawyer.
We are grateful to the Department of Justice Canada’s - Independent Legal Advice program for funding this guide.
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