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Deciding who will move out when you separate

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When a couple separates, a question arises: who’s going to move out? Learn your rights when deciding who goes and who stays — and how to enforce the decision.

“Melina and I were arguing a lot. Last week she told me I had to move out. I didn’t know what to do. We bought our home together; it’s in both of our names! (Plus I’ve helped with the renos, the mortgage and the bill payments.) A lawyer told me I had just as much right to be in our home as Melina. The lawyer also told me that we can be separated while living in the same home. Now, I live downstairs and Melina lives upstairs while we figure out how to deal with our family issues.”

– Sergio, Maple Ridge, BC

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What you should know

Next steps

Common questions

Who can help

  • This information applies to British Columbia, Canada
  • Reviewed for legal accuracy in April 2020
  • Time to read: 12 minutes

Reviewed for legal accuracy by

Samantha Rapoport, Brown Henderson Melbye and Renée Aldana, South Coast Law Group

Samantha Rapoport, Brown Henderson Melbye
Renée Aldana, South Coast Law Group

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This information from People’s Law School explains in a general way the law that applies in British Columbia, Canada. The information is not intended as legal advice. See our disclaimer.

Related

On Dial-A-Law

Dial-A-Law has more information on Divorce & separation in the section on Families + Children.

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