The Applicant husband brought a motion for exclusive possession of the matrimonial home and to sever the divorce from corollary relief.
The Respondent wife sought exclusive possession of her bedroom and a schedule for common areas.
The parties lived in the home with the husband's parents, who were added as respondents.
Both parties alleged abusive and harassing conduct by the other.
The court found insufficient evidence of violence or safety concerns to justify excluding either party from the home, noting that orders for exclusive possession should not be made lightly on contested affidavit evidence.
The court also declined to sever the divorce, as doing so could prejudice the wife's trust claim to the property.
Both motions were dismissed with no costs awarded.
