If you’re living with an abusive partner, your home may no longer feel safe. But leaving immediately isn’t always possible—especially if children are involved. In Ontario, exclusive possession of the matrimonial home allows you to legally stay in the home and have your partner ordered to leave.

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• A family court order that gives one spouse the right to live in the home

• The other spouse must move out, even if they’re on the lease or title

• Applies to married couples (and sometimes common-law if children are involved)

• You don’t need to own the home to apply

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You can ask for exclusive possession if:

• You’re married or a parent in a common-law relationship

• You’re experiencing abuse or fear for your safety

• The home is shared and considered your family residence

• You believe staying in the home is in the best interests of the children

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• File a motion in Family Court—often part of a broader family law case

• Use:

  • Form 8A – Application (General)

  • Form 35.1 – Parenting Affidavit (if children are involved)

  • Form 14B – Motion for temporary exclusive possession

  • Form 14 – Fee waiver (if needed)

• Include evidence of violence, control, or financial abuse:

  • Police reports

  • Witness statements

  • Shelter records

  • Medical documentation

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The judge will evaluate:

• History of family violence or coercive control

• Housing options for each party

• Needs and safety of any children

• Financial situation of each person

• Any impact on the abusive partner (but child safety comes first)

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• You can remain in the home with police protection if needed

• The abusive partner must leave and cannot return without court permission

• You can change locks or notify your landlord of the court order

• Violating the order may result in arrest or criminal charges

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• Can I apply if I’m on social assistance or don’t own the home? ✅ Yes. Your safety and children's best interests matter most.

• What if the abusive partner refuses to leave? ✅ You can contact police with the court order—they must enforce it.

• Can this order be temporary? ✅ Yes. You can apply for temporary exclusive possession while other family matters are resolved.

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• ✅ You can legally stay in the home while your abuser is ordered to leave

• ✅ Apply through Family Court using Forms 8A, 14B, and 35.1

• ✅ Court will consider violence history, safety, and children's well-being

• ✅ Police can enforce the order if needed

• ✅ Available even if the abuser is a co-owner or leaseholder

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• Legal Aid Ontario – 1-800-668-8258

• Luke’s Place – Legal support for women experiencing abuse

• Barbra Schlifer Clinic – Free legal & trauma-informed services

• Assaulted Women’s Helpline – 1-866-863-0511 (24/7)

• 211 Ontario – Shelter and housing supports in your area

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It is a temporary family court order that says one spouse gets to live in the family home and the other spouse must move out. This order can be made even if the spouse who is forced to leave is the sole owner of the home. The main goal is to protect the safety of the other spouse and children.

No. In Ontario, the right to ask for exclusive possession of a matrimonial home only applies to legally married spouses. If you are in a common-law relationship and do not own the home, you cannot get this specific order. However, you can ask for a restraining order that forces your abusive ex-partner to stay away from the home.

Yes. If you are legally married, it does not matter whose name is on the title. The property is a "matrimonial home," and a judge can grant you exclusive possession if it is necessary for your or your children's safety.

An order for exclusive possession is temporary. It is not a final decision on who gets the house in the divorce. It is meant to provide stability and safety while you and your spouse are separating and resolving your family law issues. The order will last until a judge makes a different order or until you and your spouse sell the home or finalize your separation agreement.

The presence of domestic violence is one of the most important factors a judge will consider. If you can provide evidence of abuse, a judge is much more likely to grant an order for exclusive possession to ensure your and your children's immediate safety.

You can file an urgent motion with the family court. You will need to provide a sworn affidavit with detailed evidence of the abuse and explain why your safety is at immediate risk. It is highly recommended that you get help from a family lawyer or your local women's shelter to file an urgent motion.