Apply for an Exclusive Possession Order
Make a claim to become the owner of assets that you previously shared as a couple.
Overview
An Exclusive Possession Order is used when a couple – that’s married or in an adult interdependent relationship – can’t decide who’ll stay in the home or keep certain assets at the time of their separation.
The order only stays in place until the couple or the court decides:
- who stays in the home
- how the assets are divided
Adult interdependent relationship
Any of these relationships is an ‘adult interdependent relationship’:
- interdependence with another adult for 3 years
- less than 3 years where you’ve signed an Adult Interdependent Partnership Agreement
- less than 3 years where the two of you have a child together
How to apply
Step 1. Fill out the forms
Divorce not started or adult interdependent relationship (no property action started)
Fill out these forms:
- Claim - Family Law Act (PDF, 0.1 MB)
- Statement - Exclusive Possession of Home-household Goods (PDF, 0.01 MB)
- Affidavit of Service - Applicant (PDF, 0.1 MB)
To apply for child or spousal support, fill out these forms:
- Statement - Child Support (PDF, 0.1 MB)
- Statement - Spousal / Partner Support (PDF, 0.1 MB)
Divorce in progress or adult interdependent relationship (property action started)
Fill out these forms:
- Originating Application (PDF 0.1 MB)
- Affidavit (PDF, 0.01 MB)
- Affidavit of Personal Service (PDF, 15 KB)
To apply for child support, fill out these forms:
- Application for Child Support (PDF, 0.1 MB)
- Disclosure Statement (PDF, 0.1 MB)
To apply for spousal support, fill out this form:
- Application for Spousal Support (PDF, 0.1 MB)
Step 2. File your claim
Do this at the Court of Queen’s Bench.
The application fee is $200.