If you are facing domestic abuse in Manitoba, you can apply to the Court of King’s Bench for an Exclusive Occupation Order under The Family Law Act. This legally removes the abusive partner from the family home, regardless of whose name is actually on the title or the lease.
Fleeing a domestic violence situation often leaves victims wondering where they will live, especially if children are involved. It is a very common myth that you must pack your bags and leave your own house simply because your abusive partner owns the property or pays the mortgage. Manitoba family law recognizes that the physical safety and stability of victims and children are far more important than property titles.
Whether your family home is located in Winnipeg, Steinbach, or Flin Flon, you have legal rights under section 80 of Manitoba’s The Family Law Act (C.C.S.M. c. F20), which governs temporary living arrangements in the family home (distinct from The Family Property Act, which handles property division) . This guide explains how you can legally force an abusive spouse or common-law partner to vacate the residence, allowing you to remain in the home safely during the separation process.
Step-by-Step Process in Manitoba
Obtaining an Exclusive Occupation Order requires urgent intervention from a judge. Because this involves removing someone from their residence, the court requires solid evidence. Hiring a dedicated Law Firm is highly recommended to handle this high-stakes process smoothly.
Step 1: Prioritize Immediate Physical Safety
Legal applications take time, but your safety cannot wait. If you are in immediate danger, dial 911 or contact the police 🚨. If necessary, seek a Protection Order first under The Domestic Violence and Stalking Act. A Protection Order can offer immediate, short-term removal of the abuser, paving the way for a longer-term Exclusive Occupation Order in family court.
Step 2: Gather Evidence of the Abuse
To convince a judge to evict your partner, you must provide proof that living together is impossible or dangerous. Gather any evidence of domestic violence, such as police reports, hospital records, threatening text messages, or a previously granted Protection Order. Even if the abuse is emotional or financial rather than physical, detailed documentation is crucial for your affidavit.
Step 3: Draft the Legal Documents
Your Lawyer will prepare a formal Petition (if a family law case hasn’t been started yet) and a Notice of Motion requesting exclusive occupation of the family home . You will also need to swear an Affidavit detailing the history of the abuse, the needs of your children, and why it is impractical or unsafe for you to find alternate housing.
Step 4: File an Urgent Motion at Court
These documents must be filed at the Court of King’s Bench. Because domestic violence is involved, your lawyer will likely request an expedited or emergency hearing. If the judge is satisfied that the situation is dangerous, they may grant an interim (temporary) Exclusive Occupation Order very quickly, sometimes even before the abuser has a chance to respond in court.
Step 5: Enforce the Order
Once the judge signs the Exclusive Occupation Order, it becomes a binding legal mandate. The order typically dictates exactly when the abusive partner must leave and restricts them from returning to the property 🔒. If they refuse to leave or try to re-enter, you can call the local police, who now have the legal authority to physically remove them from the premises.
How Much Does it Cost in Manitoba?
Going to the Court of King’s Bench for an urgent motion involves formal legal fees. Here is an overview of what it generally costs to obtain this order:
- Court Filing Fees: Under the Court Services Fees Regulation (M.R. 150/2021), the filing fee for a Petition at the Court of King’s Bench is $200 CAD, and filing a Notice of Motion costs $50 CAD.
- Lawyer Fees: Drafting urgent affidavits and appearing in front of a judge for an emergency motion usually costs between $2,500 CAD and $5,000 CAD, depending on your Law Firm‘s hourly rate.
- Locksmith Fees: Once you have the order, you should immediately change the locks on the home, which usually costs around $150 CAD to $300 CAD out of pocket.
| Feature | Leaving the Home | Applying for Exclusive Occupation |
|---|---|---|
| Housing Stability | Disruptive, especially for children | Maintains stability in the current home |
| Financial Cost | Must pay rent elsewhere | Requires upfront legal fees |
| Legal Protection | No formal court order in place | Court order prevents abuser’s return |
How Long Does the Process Take?
In standard family law disputes, getting a court date can take months. However, when domestic violence is clearly documented, the Court of King’s Bench treats the matter with high priority .
An emergency motion for exclusive occupation can often be heard by a judge within a few days or weeks of filing. Once the order is granted, the abuser is usually ordered to vacate the home immediately or within 24 to 48 hours. This order provides temporary relief and stays in place until a final settlement regarding property division and Spousal Support is reached.
Frequently Asked Questions (FAQ)
Does getting exclusive possession mean I own the house now?
No. An Exclusive Occupation Order simply dictates who is legally allowed to live in the home during the separation period. It does not change the actual ownership or title of the property. Final property division will be settled later.
Can I change the locks after they leave?
Yes. Once you have a signed Exclusive Occupation Order granting you sole occupation of the home, you have the legal right to change the locks immediately to ensure your safety and prevent the abuser from returning.
What if we are common-law, not legally married?
Under The Family Law Act, common-law partners can apply for exclusive occupation of the family home if they have lived together in a conjugal relationship for at least three years (or at least one year if they have a child together, or if they registered their relationship). However, note that a one-year cohabitation with a child only grants rights to support and exclusive occupation; to be eligible for family property division under The Family Property Act, you must still meet the strict three-year cohabitation threshold or have a registered common-law relationship.
Do I have to pay the full mortgage if my partner is kicked out?
Not necessarily. While you are living there, the mortgage must be paid to avoid foreclosure. However, your Lawyer can simultaneously file for Spousal Support to ensure your ex-partner continues contributing financially to the household expenses.
Will this affect my request for primary Decision-making responsibility?
Yes, usually in a positive way. By securing the family home, you provide a stable environment for your children, which heavily supports your claim for primary parenting time and decision-making responsibility in family court.
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