Who gets to stay in the house?

This is often the most urgent question after a separation, and the answer surprises people: ownership does not determine who stays.

Equal right to possession

Both spouses have an equal right to possession of the matrimonial home until the matter is resolved, regardless of whose name is on title. Neither can change the locks, sell or mortgage it without the other's consent or a court order. This applies to married spouses; the position for common-law partners is different.

Exclusive possession

A court can order that one spouse have exclusive possession. Relevant considerations include the best interests of the children, any existing orders, the financial position of both parties, any violence, and the availability of other suitable accommodation.

Practical reality

Most families cannot afford to maintain the household indefinitely on two separate budgets. The house frequently gets sold — not because a court orders it, but because arithmetic requires it. Deciding early whether keeping the home is actually affordable prevents a great deal of wasted conflict.