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Do I Have to Leave My House If My Wife Wants a Divorce in Ontario?

If your spouse has asked for a divorce, you may be wondering whether you have to move out.The quick answer is no — under Ontario divorce law, both spouses generally have the right to stay in the home until there’s a legal agreement or court order.


At Divorce is Simple, we help couples throughout Ontario reach fair, peaceful solutions through divorce mediation — so you can separate respectfully without going to court.


Your Legal Right to Stay in the Matrimonial Home


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Under Ontario’s Family Law Act, the matrimonial home has special protections:


  • Equal right of possession: Both spouses can live in the home, even if only one person owns or rents it.

  • You can’t be forced out unless there’s an exclusive possession order from the court.

  • Leaving voluntarily can affect your access to the home, parenting time, and financial arrangements.


That’s why it’s crucial to get guidance before deciding to move out during your separation.


What Happens If You Move Out


Many spouses move out to reduce conflict — but this can create long-term complications:


  • Reduced access to children or personal belongings

  • Added financial strain from paying two sets of housing costs

  • Less control over what happens in the home while you’re gone


Before you pack up, talk with a qualified family mediator or legal professional who understands Ontario divorce law.




Peaceful Options Through Burlington Divorce Mediation


If you’re in the Halton or Greater Toronto Area, Burlington divorce mediation offers a balanced, low-stress path forward.Through Divorce is Simple, couples can:


  • Discuss living arrangements without hostility

  • Create fair parenting and financial plans

  • Avoid expensive and stressful court battles


We believe divorce doesn’t have to destroy your peace — and that starts with clear communication and guided mediation.


When to Consider Exclusive Possession


In cases of abuse, intimidation, or severe conflict, one spouse may apply for exclusive possession of the home.This court order temporarily grants one person the right to stay while requiring the other to leave, regardless of ownership. A family mediator can help you understand if this applies to your situation and what safer, cooperative alternatives exist.


Find Divorce Mediation Near Me


If you’re searching for divorce mediation near me in Ontario, Divorce is Simple provides confidential sessions — online or in person — for couples who want to separate with dignity.


We’ll help you understand your rights, explore your options, and protect your peace of mind.


Book a Consultation


You don’t have to face this decision alone.


👉 Book a consultation with Divorce is Simple to learn about your rights and discover a peaceful, affordable path forward through Ontario divorce mediation.




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Disclaimer: This blog post is intended for informational purposes only and does not constitute legal or financial advice. For specific legal guidance, please consult a qualified family lawyer. This is not intended to be used as advice.


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