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Can I obtain exclusive possession of the matrimonial home in Calgary?

As a divorce lawyer in Calgary, I am frequently asked by clients whether it is possible to obtain exclusive possession of the matrimonial home during a divorce proceeding?

The simple answer to that question is: Yes, it is possible.

Such an Application is brought under the provisions of the Matrimonial Property Act.

Under the Act, the Court in Calgary can make an Order that:

Gives a spouse exclusive possession of the matrimonial home;

Evicts a spouse from the matrimonial home; and

Restrains a spouse from entering or attending at, or near, the matrimonial home.

When deciding whether to make such an Order, the Court will consider:

Any Order that has been made by the Court that relates to the support of the spouses or with respect to the property;

The accommodation that is available to the spouses within their means;

The financial positions of each spouse; and

The needs of the children residing in the matrimonial home.

Such Applications are frequently made at the same time as a divorce action is commenced and can be made on an emergency or "without notice" basis, so that the Respondent's position is not known at the time that the Order is made. However, the Court is usually reluctant to hear such an Application and, if the Order is granted, it will be on the basis that a review hearing will take place relatively quickly.

Should you have any questions regarding the above, or should you wish to discuss any issues regarding divorce, separation, custody and access, guardianship and parenting, child support, spousal support or division of matrimonial property with me, please contact me on 403-538-2105, or send me an email using this link.

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