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Exclusive Home Possession Orders

UNDERSTANDING EXCLUSIVE HOME POSSESSION ORDER

Exclusive Home Possession Orders are available to parties who are married or who are in a common law relationship. An Exclusive Home Possession Order is meant to be a temporary remedy to help resolve a dispute about who will remain in the home. Consideration when such an Order is granted may specifically include:

  • Which party would be most inconvenienced by a move. (Does either party have somewhere else to reside?)
  • Which party has more financial resources. (Who has the funds to secure alternative accommodations?)
  • What is in the best interests of the children. (Is the home the children’s primary residence and who is the primary caregiver?)
  • Family violence may also be considered in urgent applications.

Exclusive Home Possession Orders do not mean that the person who is given exclusive possession of the home is entitled to keep the home when it comes time to divide the property.

It may however exclude the other person from attending in the home and allows the locks to be changed.

If you need exclusive possession of the home, contact EBL Family Law at 587-390-3070.

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