Exclusive Possession of Property

When a couple decides to separate, they will often have to make a quick decision about who is going to stay in the house, who will keep the vehicle(s), etc.   

Later on, they will come to an agreement about how to divide up their assets and debts.  At that time, the house and vehicles may be sold and proceeds divided, or one person will buy out the other.

If, at the time of separation, you can’t agree about who will stay in the house or who will keep certain assets, you can make an application to the court and ask the judge to make an exclusive possession order.

Remember:  An Exclusive Possession Order does not mean that you keep that asset forever.  You will still have to reach an agreement or have the court decide how your assets will be divided between you.

Before you go to court, consider mediation.

If you want a lawyer to help you, information is here.

An application for Exclusive Possession is done in the Court of Queen’s Bench.  There is a $200 fee for starting the court action.

Exclusive Possession of Property