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In Ontario it's almost impossible for one spouse to get exclusive possession of the matrimonial home. The only likely way she could get this is if you were charged with domestic violence. It's almost unheard of otherwise. In Toronto where I am, that order is just not given by the Court.
Generally, the law is that both spouses have an equal right to possess the home. That's even true of a rental premise and it doesn't matter who owns the house or has his/her name on title.
So, neither of you can have the other leave. It's not affected by ownership or contribution at all.
But, what happens is that she once the division of the assets is done and in your case with a contract it would be simple, she will need to move on because you will get the house.
Your lawyer will explain about this to you.
Generally, the law is that both spouses have an equal right to possess the home. That's even true of a rental premise and it doesn't matter who owns the house or has his/her name on title.
So, neither of you can have the other leave. It's not affected by ownership or contribution at all.
But, what happens is that she once the division of the assets is done and in your case with a contract it would be simple, she will need to move on because you will get the house.
Your lawyer will explain about this to you.
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