07/08/2026
"My name isn’t on the title of the house. Can my spouse force me to leave?"
This is a one of the common and nerve-wracking questions we hear from our clients after a separation. The short answer is, No.
Married spouses have an equal right to stay in the matrimonial home after a separation. However, this right it not absolute and can be lost where one of three things happen:
1. the parties agreed that one spouse would leave,
2. the police make a no-contact condition for release of a spouse after an arrest, or
3. a family court makes an exclusive possession order.
In our blog post below, we discuss factors the court consider in making an order for exclusive possession:
Ontario law gives both spouses an equal right to the matrimonial home, even off title. See how courts decide exclusive possession in Rana v. Rana.