What is the test for exclusive possession of the matrimonial home?

Nova Scotia, Canada


The following excerpt is from Smith v. Smith, 2012 NSSC 432 (CanLII):

In Legg v. Legg, 2010 NSSC 326, both the husband wife were seeking exclusive possession of the matrimonial home. Jollimore J. concluded that the only situation where exclusive possession will be granted is in circumstances where it is proven, on evidence, that alternative shelter is inadequate. Neither spouse proved that alternative shelter was inadequate. The husband claimed that he required use of the matrimonial home to assist in his employment. He stored cables in the matrimonial home or on the property and required the home to park his truck. Jollimore J. was not satisfied that the matrimonial home was sufficiently unique to his business needs to grant him exclusive possession.

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