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Further Resources

  1. Prenuptial Agreements - Marriage contract and cohabitation agreement information.
  2. Uncontested Divorce - Obtain an uncontested divorce or a separation agreement.
  3. Common Law Separation - Resource for common law couples
  4. French Site - French language family law web site.

Ontario Family Law Act

Section 19 - Possession of Matrimonial Home
[One of the most emotional and difficult to resolve issues is which divorcing spouse gets to stay in the matrimonial home.]

(1) Both spouses have an equal right to possession of a matrimonial home.

[Both spouses have an equal right to stay in the matrimonial home even though they are separated. Once spouse cannot force the other to leave without a court order or until the divorce is final.]

(2) When only one of the spouses has an interest in a matrimonial home, the other spouse's right of possession,
(a) is personal as against the first spouse; and
(b) ends when they cease to be spouses, unless a separation agreement or court order provides otherwise.

[Note that this only applies to divorcing spouses;  if you and your spouse aren't married there is no equal right to possession of the home unless both the title to the home is in both parties' names].

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