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Can my husband force me to leave our home?

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Anonymous Asked:

Can my husband force me to leave our home? It was bought Jointly and I am afraid if I tell him I want a separation or Divorce he will make me leave our house.

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The answer is a clear “no.” One spouse cannot force another spouse to leave a matrimonial home without a Court Order. In order to obtain such a Court Order, which is known as a request for exclusive possession of the matrimonial home, a party must prove violence. Of course, as part of negotiating your issues, to be included in either a Separation Agreement or a Court Order, the disposition of the home will have to be determined. That means that either one party will have to buy the other party out of the home, or it will have to be sold. However, once again, in terms of remaining living in the home until an agreement has been reached, or a Court Order made, you have every right to stay there.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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