A married spouse can ask the court for the sole right to live in the matrimonial home for a period the court sets. The order is about possession, not title.
Part II of the Family Law Act deals with the matrimonial home. In general terms, it is property in Ontario that the spouses ordinarily occupied as their family residence at the time of separation. Both spouses have an equal right to possession under section 19, regardless of who is on title. That equal right is why a court order is needed before one spouse can require the other to leave.
Section 24(1) lets the court direct that one spouse be given exclusive possession of the matrimonial home, or part of it, for the period the court directs. The court can also deal with the contents, with payments from the spouse in possession to the other spouse, and with repair and carrying costs. Section 24(2) allows a temporary or interim order on a motion, covering possession and those related terms.
Section 24(3) says that in deciding exclusive possession the court shall consider:
Section 24(4) adds, for a child's best interests in this specific decision, the possible disruptive effects of a move and the child's views and preferences if they can reasonably be ascertained. Violence is a mandatory consideration. It is not a formula that produces the same order in every case.
Exclusive possession does not convey the house. It does not, by itself, decide equalization of net family property. It can sit alongside a restraining order. A restraining order can keep a person away from a place. Exclusive possession decides which spouse may live in the matrimonial home. They are often asked for together when staying in the home and stopping contact are both live issues. They are still different orders, with different tests, and the exclusive-possession offence in section 24(5) is not the same as a prosecution under section 127 of the Criminal Code for breach of a restraining order.
Section 25 lets the court discharge, vary, or suspend a possession order if there has been a material change in circumstances. A temporary order made at the start of a case is not the last word on the house.
Part II does not give unmarried partners a matrimonial home. A distance term in a restraining order may still restrict attendance at a residence. Claims about ownership of a shared home, where they exist, are a different legal question.
If a bail or release order already tells someone not to attend the home, a family order is not permission to ignore that condition. A change to the criminal condition is made in criminal court. See criminal orders and family court.
Statutes on this page were checked against the Ontario e-Laws consolidations current to 28 October 2026. Where a later amendment is marked not in force, the page says so.
If you are in immediate danger, call 911. Persaud Hussain LLP practises family law only. We handle the family-court side only. You need separate criminal counsel for a criminal charge, a bail order, or a change to a criminal condition. Consultations are by Google Meet. A signing can also be done by Google Meet. The Markham and Toronto offices are staffed. Book a consultation or call (416) 826-1155. This is general information, not legal advice, and it does not predict what a court will order.
These pages describe Ontario family-law issues that often arise together when there is family violence. Each one is general information.
No. An order under section 24 of the Family Law Act directs possession. It does not transfer title. Ownership is a separate question, dealt with under the property provisions of the Act or by agreement.
The matrimonial-home rules in Part II of the Family Law Act apply to spouses, meaning people who are married to each other or whose marriage is void or voidable in the circumstances the Act describes. People who lived together without marrying do not have a matrimonial-home right under Part II. A restraining order can still include a distance from a residence. Occupation and ownership for unmarried partners are different questions.
Violence is one factor the court shall consider under section 24(3)(f). The court also considers the best interests of the children, existing property and support orders, finances, any written agreement, and whether other suitable and affordable accommodation is available. Where children are affected, section 24(4) adds the possible disruption of a move and the child's views and preferences if they can reasonably be ascertained.
Section 24(5) makes contravention an offence. On a first conviction the penalty can be a fine of not more than five thousand dollars, imprisonment for not more than three months, or both. On a later conviction the maximums are a fine of not more than ten thousand dollars or imprisonment for not more than two years, or both. Section 24(6) allows a police officer to arrest without warrant a person the officer believes on reasonable and probable grounds to have contravened the order. A criminal charge is not a file this firm defends. You need separate criminal counsel for that charge.
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