Exclusive Possession in Ontario: Who Can Stay in the Home?

Exclusive possession is a serious order: it grants one spouse the right to live in the matrimonial home to the exclusion of the other while broader issues are being resolved. It doesn’t change ownership, but it does shape daily life and the logistics of a sale. Courts focus on safety, the children’s routines, available housing, finances, and overall fairness, and because it restricts where someone lives, it’s granted sparingly. If you’re selling under exclusive possession, the path forward is not to wait indefinitely—it’s to plan deliberately.

The key is predictability. Begin by agreeing on a written plan that respects the occupant’s schedule while giving buyers reasonable access. That might mean no showings during school-night dinner hours, but generous weekend and early-evening blocks so viewings don’t feel impossible. Booking rules should be clear, with one person responsible for confirming access so buyers get consistent, professional treatment. In condos, coordinate elevators and fobs early; in freeholds, discuss pets, alarms, and rooms that must remain off-limits.

Communication must be balanced. Use one shared email thread where both spouses receive the same weekly update: online views, showing counts, buyer feedback, and any recommended adjustments to price or presentation. When everyone sees the same facts at the same time, disagreements shrink and decisions accelerate. If a concern arises—perhaps the occupant needs a blackout period for exams or an illness—adjust the plan in writing so expectations stay aligned and buyers aren’t surprised.

When offers arrive, treat simultaneity as a rule, not a courtesy. Both spouses should receive the full offer documents at the same time and a simple summary grid that compares price, deposit, conditions, inclusions, and closing date. Counters are approved in writing before they’re sent. This paper trail isn’t about bureaucracy; it’s about fairness, and it’s invaluable if memories differ later. Finally, think ahead to closing day. If one spouse is moving out of the home, book the elevator, cleaners, and movers well in advance, and decide how keys will be transferred to avoid a last-minute scramble.

Handled with structure and goodwill, exclusive possession doesn’t have to derail a sale. Buyers care more about access, clarity, and responsiveness than about your internal situation. Give them a consistent experience, preserve equal information for both spouses, and let market evidence—not friction—guide your decisions.