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Difference between revisions of "Deciding Who Will Move Out When You Separate"
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Deciding Who Will Move Out When You Separate (view source)
Revision as of 17:18, 27 November 2014
, 17:18, 27 November 2014→Can you get a court order to make your spouse leave?
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The ''Family Law Act'' allows the court to make an order giving a spouse “exclusive occupancy” of the family home; this rule applies to property that is owned and property that is rented. To get an order for exclusive occupancy, you must show the judge two things: | The ''Family Law Act'' allows the court to make an order giving a spouse “exclusive occupancy” of the family home; this rule applies to property that is owned and property that is rented. To get an order for exclusive occupancy, you must show the judge two things: | ||
that it’s practically impossible for the two of you to remain together in the same home, and | *that it’s practically impossible for the two of you to remain together in the same home, and | ||
that it’s more convenient for you to live there than for your spouse. | *that it’s more convenient for you to live there than for your spouse. | ||
Where there has been family violence or there’s a risk of family violence, the court can make a protection order that only one person will be allowed to live in the home. This applies to couples who qualify as spouses and to spouses who do not. | Where there has been family violence or there’s a risk of family violence, the court can make a protection order that only one person will be allowed to live in the home. This applies to couples who qualify as spouses and to spouses who do not. | ||