Laura Paris, Associate Lawyer at Shulman & Partners LLP, joined NewsTalk 1010 to unpack one of the most common and emotionally charged questions that arises during separation and divorce: whether leaving the matrimonial home can jeopardize a person’s legal rights. The discussion came against the backdrop of increased relationship strain during the pandemic, particularly for families already facing conflict. With lockdowns forcing couples to remain under the same roof, many individuals found themselves weighing the need for personal safety and emotional well-being against fears of losing financial or parenting claims. The conversation focused on clarifying misconceptions around property rights, custody, and exclusive possession, and offered practical insight into how Ontario family law approaches these decisions. For families navigating separation, understanding these distinctions can help reduce panic-driven decisions and promote more informed, stable outcomes.
“Leaving the house does not preclude you from collecting your 50 per cent interest in the property, but leaving the home could mean that you’re then giving the other person possession of the home.”
— Laura Paris, Associate Lawyer, Shulman & Partners LLP
During the interview, Laura addressed a widely held belief in family law disputes: that leaving the matrimonial home automatically means forfeiting legal rights. She explained that while this idea is common, it is only partially accurate. Under Ontario’s Family Law Act, a person’s ownership interest in the equity of the home is not lost simply because they move out. The financial value of the property remains subject to equalization, regardless of who stays or leaves.
Where the distinction becomes important is possession. Laura explained that if one party voluntarily leaves the home, it can create a status quo that strengthens the remaining party’s position if they later seek an order for exclusive possession. Exclusive possession allows one spouse to remain in the home and exclude the other, even if both have ownership rights. Courts consider several factors when deciding these applications, including the best interests of the children, availability of alternative housing, financial circumstances, and overall household safety.
The conversation also explored how leaving the home interacts with custody and parenting time. Laura emphasized that moving out does not automatically weaken a parent’s custody claim. Courts focus on the best interests of the child, including stability, consistency, and meaningful relationships with both parents. A parent’s ability to meet a child’s needs and maintain positive involvement generally carries more weight than whether they continue living in the matrimonial residence.
Laura noted that many couples remain under the same roof after separation not by choice, but necessity. With the matrimonial home often representing a family’s primary asset, selling it may be the only way to free up funds. Until then, maintaining separate households can be financially impossible, especially during periods of job loss or reduced income brought on by the pandemic.
The interview also touched on alternative arrangements such as “nesting,” where children remain in the home while parents rotate in and out on a schedule. This approach can preserve stability for children while reducing conflict between parents, though it requires cooperation and financial flexibility.
Laura stressed that there is no one-size-fits-all answer. Decisions about leaving the home should be guided by children’s well-being, personal safety, and a clear understanding of legal rights. She repeatedly highlighted the importance of obtaining legal advice early, not necessarily to escalate conflict, but to understand options and avoid unintended consequences. She also acknowledged the emotional dimension of family law, noting the value of working alongside mediators, therapists, parenting coordinators, and other professionals when appropriate.
Listen to the full NewsTalk 1010 segment here.
This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.