Who will stay in the house?

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I know that in general both parties have a right to remain in the matrimonial house after separation/divorce. If the wife has the custody of the kids (2) does she have more rights (or chances) to remain in the house? Can I be ordered to leave the house? What if she doesn't want to sell the house (both are owners) to split the property value?

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Andrew J. Kania, LL.B., LL.M.

10 years ago

1. Yes, if your wife has custody of the children, it is easier for her to stay in the home in the short term.

2. You can be ordered to leave the home if your wife can obtain an Order from a Judge granting her exclusive possession of the matrimonial home. However, under the case law, there normally has to be violence involved.

3. If she does not want to sell the home, and cannot afford to buy out your interest taking into account the overall equalization of net family property, then we will 100% get it sold under the Partition Act.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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