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.