Exclusive Possession of the Matrimonial Home

Pursuant to section 24 of the Family Law Act, the court may on application grant one spouse exclusive possession of the matrimonial home, regardless of ownership. In determining to make the order, the court shall consider several factors. The most common are: The best interest of the children. In Pifer v Pifer, [1986] O.J. NO. 170, the wife was granted exclusive possession of the matrimonial home because the husband drank heavily, left live cigarettes in ashtrays and propane heater on…