What are possessory rights - Ontario?

In the family law context, possessory rights refer to rights of a spouse after separation to occupy ("possesss") a matrimonial home, irrespective of how title to that home is held (eg: jointly by both parties or solely by one).

In Ontario, these rights are addressed specifically by the Family Law Act. They extend only to married spouses (as opposed to common-law spouses). By way of example, if at separation the matrimonial home is in the Wife's name, the Husband maintains the right to remain in the home (live there and in some situations even have access to it once he moves out) despite the fact that title to the home is in the name of the Wife alone. In other words, possessory rights and ownership (title) rights are two separate concepts.

A spouse can be deprived of his/her possessory rights only under specific and relatively narrow circumstances. In other words, it is not easy to make a spouse move out of the matrimonial home if she/he does not do so voluntarily. For more information on this area of family law, we suggest you contact a lawyer and get his/her advice only once you provide the specific facts of your case.

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