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The law provides that married people have the right to reside in the matrimonial home regardless of ownership until there is consent or Court Order otherwise.

If you were to leave the home, you may be seen to have forfeited this right. If there are children involved, there may be significant consequences if you leave both with them and without them.

If you are in an abusive situation and are forced to leave because of this, you need to see a lawyer immediately after leaving to discuss your options as you may be able to have your spouse removed so that you can return to the home.

You can apply to the courts for exclusive possession of the matrimonial home which, if granted, allows you to stay in the home and requires your ex to live elsewhere.

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Toronto

4211 Yonge Street • Suite #210 • Toronto • Ontario • M2P 2A9

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Aurora

16 Industrial Parkway South • Aurora • Ontario • L4G 0R4

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Barrie

500 Mapleton Avenue, Suite A • Barrie, Ontario • L4N 9C2

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Downtown Toronto

100 King Street West • Suite #5600 • Toronto • Ontario • M5X 1C9

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Mississauga

4257 Sherwoodtowne Blvd Suite #300 • Mississauga Ontario • L4Z 1Y5

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Scarborough

10 Milner Business Court • 3rd Floor • Scarborough • Ontario • M1B 3M6

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