What is the test for removing a spouse from a home?
Ontario, Canada
The following excerpt is from O’Brien v. O’Brien, 2017 ONSC 5488 (CanLII):
In Higgins v. Higgins (S.C.J.), the court expanded the list to include: (a) The conduct of the non-occupying spouse, including the failure to pay support. (b) The conduct of the occupying spouse, including the failure to pay support. (c) Delay in making the claim. (d) The extent to which the non-occupying spouse has been prevented from having access to his or her equity in the home. (e) Whether the non-occupying spouse moved for the sale of the home and, if not, why not. (f) Whether the occupying spouse paid the mortgage and other carrying charges of the home. (g) Whether children resided with the occupying spouse and, if so, whether the non-occupying spouse paid, or was able to pay, child support. (h) Whether the occupying spouse has increased the selling value of the property. (i) Ouster is not required, as once was thought in some early decisions.
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