Exclusive Possession Orders

You can apply for the right to live in the family home and for others living there to leave.

You can apply for an exclusive possession order if your relationship has broken down, and you and your partner or spouse cannot live peacefully together. For example, the court can grant you the right to live in the family home (exclusive possession) if you are experiencing domestic violence and order the person causing harm to move out.

You can apply if you rent or own your home, even if your name is not on the lease or title of the home.

How to Apply

You must apply for the order in the Court of King’s Bench, if you applying under the Family Law Act or the Family Property Act.

Because the court’s rules can be complicated, it is best to have a lawyer represent you. If you represent yourself, make sure you understand the rules that apply to you.

If you are married or in an adult interdependent relationship

You can apply for exclusive possession of your family home under the Family Property Act or Family Law Act. You should know:

• You can only apply under the Family Law Act if you are also applying for child support, or partner or spousal support, or both.
• The Family Property Act gives both spouses or partners the right to apply for exclusive possession of the home.

If you are not married and not in an adult interdependent relationship

You can apply for exclusive possession of your family home under the Family Law Act only if you are also applying for child support.

If you are experiencing family violence

The process is different. You can apply for exclusive possession of the home under the Protection Against Family Violence Act if you are applying for an Emergency Protection Order or King’s Bench Protection Order .

Contents of the Order

An Exclusive Possession Order can:

• evict your spouse or partner from the home
• order your spouse or partner to stop entering or going near the home
• give you exclusive possession of the family vehicle, pets and other household goods you need to look after yourself and your children
• evict your spouse or partner from the home
• order your spouse or partner to stop entering or going near the home
• give you exclusive possession of the family vehicle, pets and other household goods you need to look after yourself and your children

Frequently Asked Questions

What does the court think about?

The court must consider the following things when deciding whether to grant an Exclusive Possession Order:

• if your partner or spouse has other living options
• the needs of your children
• you and your partner or spouse’s finances
• any other court orders about child support, spousal or partner support, or dividing property
• any restrictions or conditions of the lease, if the family home is rented

How long does an Exclusive Possession Order last?

An Exclusive Possession Order is temporary. It does not allow you to keep the family home forever. The judge will decide how long the order should last depending on your situation. For example, the order may last until your divorce is final or until your children finish school.

While the order is in place, you and your spouse or partner both must consent to selling the home. To protect yourself, you can register the Exclusive Possession Order against the title of the home at Alberta’s Land Titles Office if:

• you or your partner or spouse owns the home
• you or your partner or spouse have a lease for more than 3 years, or
• you or your partner or spouse have a life estate in the property.

What about household goods?

Household goods means personal property that is:

• owned by one or both of you, and
• used or enjoyed by one or both of you, or by the children residing in the family home, for transportation, household, educational, recreational, social or esthetic purposes.

It can include anything from a vehicle, to a TV or BBQ. The court can order which household goods stay at the family home. For example, you could request that you have exclusive use of the car to drive the children around.

What if one spouse or partner is not on title to the family home?

If your spouse or partner owns the property and you are not on title, you can still apply for exclusive possession of the home.

What if you rent the family home?

If you rent your family home from a landlord, you can still apply for an exclusive possession order. You can make an application even if you are not listed on the rental agreement as a tenant.