Separation and divorce
What are your rights if your ex forces you to leave the family home?
Has your ex kicked you out? Are they preventing you from moving back in? Here's what you need to know about your rights and recourses if you want to move back into the home or obtain compensation for being forced to leave.
You want to move back into the home
Your rights and recourses vary depending on your situation.
In most cases, whether the parents are married or in a de facto union, when one of them is kicked out of the home but wants to move back in, the parent will opt to apply for a "safeguard order."
A safeguard order is a decision rendered by a judge on an urgent issue. It can be obtained in just a few days.
To render the decision, the judge will take into account factors such as:
- the parents’ child custody arrangements, also called "parenting time"
- the length of time the home was used as the family residence
- the ability of the parent who will be staying in the home to keep it running smoothly
- the length of time the parent wishes to be granted the right to remain in the home
- how easy it is for each parent to find another place to live
In a safeguard order, the judge usually grants use of the home to the parent who is awarded custody of the children.
Please note
The safeguard order is a temporary decision. You may need to take other steps if you want to stay in the home longer. Talk to a lawyer or visit a legal clinic for more information.
If you don’t have any children, it may be more difficult for you to get a decision allowing you to return home quickly, even if you're the owner.
There are legal recourses available to help you move back into your home, but the process may take longer.
To find out what options are available to you, talk to a lawyer or visit a legal clinic.
Did you know?
In legal language, when referring to married couples, the term "family residence" refers to the place that is used as the principal residence of the parents and their children if they have any (e.g., house, condo, apartment).
Therefore, you might find this expression in your legal proceedings or in judgments rendered by the courts.
You want to retrieve your personal belongings and furniture
If you were not able to take all your personal belongings and furniture with you when you left, the steps to retrieve them may vary depending on your personal situation and the belongings in question.
You want to obtain financial compensation from your ex
In some cases, you can obtain financial compensation from your ex for preventing you from entering your home.
The compensation that is possible and the steps you need to take vary depending on your situation.
If you and your ex co-own the home and your ex is preventing you from gaining access, you can claim financial compensation for the period you were barred from entering it.
Unlike the application for a safeguard order, this claim has to follow the normal legal process, and it can take several months to receive the compensation.
Talk to a lawyer or visit a legal clinic to find out what steps to take.
Important
If you wait too long to start your legal proceedings, the judge may refuse to grant you financial compensation or reduce the amount. He or she may even find that doing nothing was the same as giving your ex permission to live alone in the home after the separation.
In this case, the ways to obtain financial compensation vary. Talk to a lawyer or visit a legal clinic for more information on the legal options available to you.
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ANG - L’information présente sur cette page ne constitue pas un avis ou un conseil juridique. Nous vous indiquons ce que dit la loi au Québec de manière générale. Pour obtenir un avis ou un conseil juridique concernant votre situation personnelle, consultez un professionnel du droit.
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