Exclusive Possession Orders

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You can apply for the right to live in the family home and for others living there to leave.

You can apply for an exclusive possession order if your relationship has broken down, and you and your partner or spouse cannot live peacefully together. For example, the court can grant you the right to live in the family home (exclusive possession) if you are experiencing domestic violence and order the person causing harm to move out.

You can apply if you rent or own your home, even if your name is not on the lease or title of the home.

How to Apply | Contents of the Order | Frequently Asked Questions

How to Apply

You must apply for the order in the Court of King’s Bench, if you applying under the Family Law Act or the Family Property Act.

Because the court’s rules can be complicated, it is best to have a lawyer represent you. If you represent yourself, make sure you understand the rules that apply to you.

If you are married or in an adult interdependent relationship

You can apply for exclusive possession of your family home under the Family Property Act or Family Law Act. You should know:

  • You can only apply under the Family Law Act if you are also applying for child support, or partner or spousal support, or both.
  • The Family Property Act gives both spouses or partners the right to apply for exclusive possession of the home.

If you are not married and not in an adult interdependent relationship

You can apply for exclusive possession of your family home under the Family Law Act only if you are also applying for child support.

If you are experiencing family violence

The process is different. You can apply for exclusive possession of the home under the Protection Against Family Violence Act if you are applying for an Emergency Protection Order or King’s Bench Protection Order.

Contents of the Order

An Exclusive Possession Order can:

  • evict your spouse or partner from the home
  • order your spouse or partner to stop entering or going near the home
  • give you exclusive possession of the family vehicle, pets and other household goods you need to look after yourself and your children
  • evict your spouse or partner from the home
  • order your spouse or partner to stop entering or going near the home
  • give you exclusive possession of the family vehicle, pets and other household goods you need to look after yourself and your children

Frequently Asked Questions

What does the court think about?

How long does an Exclusive Possession Order last?

What about household goods?

What if one spouse or partner is not on title to the family home?

What if you rent the family home?