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Answered in 16 minutes by:
11/12/2009
VerifiedHe won't be able to stay indefinitely because ultimately you get the house as per your marriage contract.
If he will not leave voluntarily it may be the you cannot get him to leave until the issues in terms of division of assets are resolved.
It is not easy to get an order for exclusive possession of the matrimonial home. In some provinces it's virtually impossible to do so, unless there is an allegation of domestic violence. This is particularly the case if there are no kids.
But, it may be that he will realize that you are definitely considering that this marriage is at an end once he sees that you have a lawyer and are moving forward and hopefully at that point he will realize it's time for him to move out.
I hope that helps a bit.
If he will not leave voluntarily it may be the you cannot get him to leave until the issues in terms of division of assets are resolved.
It is not easy to get an order for exclusive possession of the matrimonial home. In some provinces it's virtually impossible to do so, unless there is an allegation of domestic violence. This is particularly the case if there are no kids.
But, it may be that he will realize that you are definitely considering that this marriage is at an end once he sees that you have a lawyer and are moving forward and hopefully at that point he will realize it's time for him to move out.
I hope that helps a bit.
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