Exclusive possession

The right of one party to be the only one to use a residence or other asset, usually a matrimonial home (the family home) or its contents. Exclusive possession can be ordered by the court under the Matrimonial Property Act, or agreed upon by the parties as a term in a separation agreement. 


If the parties are not married and are not in a Registered Domestic Partnership, one of the parties can apply for occupation’of the family residence under the Parenting and Support Act.