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Can I get a court order to change this? I am homeless

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Anonymous Asked:

MyEx (male) has exclusive rights to the matrimonial home. Can I get a court order to change this? I am homeless now due to this. Also can I get an order to change the court location from one city to another as I am couch surfing now in another city? I am on CPP disability and can't afford a lawyer and have been turned down by Legal Aid due to assets that I can't touch.

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Stuart Zukerman
6 years ago

If your spouse already has an order for exclusive possession of the home then you would need to establish that there has been a material change in circumstances since the last order was made so as to justify a variation of that order. Alternatively you could apply for an order that the home be listed for sale. You can apply in the original court for an order to change the venue but based on the information you have provided it is unlikely that you would be successful. As long as she resides in the jurisdiction in which he commenced the proceedings, the court would generally not order a change of venue.

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