An Exclusive Possession Order in Ontario grants one legally married spouse the sole right to live in the matrimonial home, banning the other spouse from entering. You can obtain this order even if your name is not on the property deed. Filing an emergency motion in family court involves basic application fees ranging from $220 to $632 CAD as of May 2026.
When a marriage breaks down due to domestic violence, the immediate priority is physical safety. Often, an abusive partner will threaten to kick the victim out of the house, claiming, “I pay the mortgage, so it is my house.” Under the Ontario Family Law Act (FLA), this threat is legally meaningless. The law fiercely protects the right of both spouses to remain in the family home.
Whether your house is in a quiet suburb of Ottawa, downtown Brampton, or rural Ontario, the matrimonial home holds a special legal status. 📍 A judge can grant an Exclusive Possession Order, forcing the abusive spouse to leave the property immediately and hand over the keys. If you are facing an unsafe home environment, connecting with a skilled family lawyer from our directory is a critical step to secure your living situation.
Step-by-Step Process in Ontario to Obtain the Order
Securing exclusive possession is an aggressive legal maneuver. The Superior Court of Justice does not kick someone out of their own home lightly; you must prove that living together is an impossible or dangerous situation.
Step 1: Start a Family Law Application
You cannot simply ask for an order in isolation; it must be tied to a broader family law case. 📝 Your lawyer will file an Application (Form 8 or 8A) seeking a divorce, spousal support, or decision-making responsibility (formerly custody) for the children. This officially opens your file at the local family courthouse.
Step 2: File a Motion for Exclusive Possession
Simultaneously, your law firm will file a formal Motion (Form 14). If you are in immediate physical danger, this can be filed “ex parte” (without notice to the abuser). However, judges prefer regular motions where both sides have a chance to present their evidence.
Step 3: Draft a Compelling Affidavit
The most important document is your sworn Affidavit. 🗂 You must outline the history of the domestic violence, the presence of any police reports or criminal summary convictions, and why it is not in the best interests of the children to be uprooted. The court prioritizes the stability and safety of children above the property rights of the adults.
Step 4: The Court Hearing and Enforcement
A judge will review the evidence. If granted, the Exclusive Possession Order is signed. Your lawyer will then coordinate with local police to serve the order on your abusive spouse, supervise their packing of basic personal items, and escort them off the property.
How Much Does it Cost in Ontario?
Litigating a high-conflict motion requires financial resources, though victims of abuse may qualify for Legal Aid Ontario. 💰 As of May 2026, here are the estimated costs in Canadian dollars:
- Court Filing Fees: Starting a joint or simple divorce application costs $632 CAD. There is no additional government fee to file the motion for exclusive possession itself.
- Lawyer Fees: Drafting emergency motion materials and attending an urgent hearing usually costs between $3,500 and $7,500 CAD at a private law firm.
- Process Server Fees: Having a professional safely serve the abusive spouse usually costs $100 to $250 CAD.
| Legal Action | Estimated Cost (CAD) | Importance Level |
|---|---|---|
| Family Court Application Fee | $220 – $632 | Mandatory to start |
| Swearing Affidavits | $40 – $75 | Required for evidence |
| Lawyer Representation | $3,500 – $7,500+ | Highly Recommended |
How Long Does the Process Take?
The timeline entirely depends on the level of danger you are facing. 🕑 If there is documented physical violence and a severe risk of harm, an emergency ex parte motion can be heard and ordered within 24 to 48 hours.
If the situation is toxic but not immediately life-threatening, a standard motion process applies. This generally takes 4 to 8 weeks, as your spouse must be given time to hire their own lawyer and file a responding affidavit before the judge makes a final decision.
Frequently Asked Questions (FAQ)
Can I get this order if we are common-law partners?
Generally, no. The specific “matrimonial home” protections under Part II of the Family Law Act only apply to legally married couples. If you are common-law, you must rely on standard property laws or seek a general restraining order to keep an abuser away.
Does an Exclusive Possession Order give me ownership of the house?
No. It only grants you the temporary right to live there safely. It does not change the legal title or ownership of the property. The final division of the home’s value will be settled later in your divorce proceedings.
What happens if my abusive spouse tries to break in?
If an Exclusive Possession Order is in place, their attempt to enter the home is a criminal violation. You should call 911 immediately. The police have the authority to arrest them for breaching a court order.
Do I have to pay all the bills if I stay in the house?
Not necessarily. When granting the order, the judge can also make temporary orders regarding who pays the mortgage, property taxes, and utilities. Often, the higher-earning spouse is ordered to continue paying these as a form of spousal support.
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