---
title: "Can I Stay in the Family Home During a Divorce in Quebec? ✦ Goldwater Droit"
canonical_url: "https://goldwaterdroit.com/en/faqs/can-i-stay-in-the-family-home-during-divorce-quebec"
last_updated: "2026-09-15T21:49:51.953Z"
locale: en
meta:
  description: "In Quebec a court can grant a spouse the right to use the family residence during the divorce as a provisional measure. Learn what drives the decision."
  "og:description": "In Quebec a court can grant a spouse the right to use the family residence during the divorce as a provisional measure. Learn what drives the decision."
  "og:title": "Can I Stay in the Family Home During a Divorce in Quebec?"
---

# Can I stay in the family home during a divorce in Quebec?

It is possible. Among the provisional and accessory measures a Québec court can address during a separation or divorce is awarding one spouse the right to use the family residence while the case proceeds, independently of who owns it. The decision is discretionary and typically turns on the children's stability, each spouse's circumstances, and practical considerations. Because remaining in the home is not automatic, a spouse who needs to stay—or who wants the other to leave—should raise the issue early through an interim request rather than assuming possession settles it. Where safety is a concern, protective measures may also address occupation of the home.

Civil Code of Québec, arts. 409–410 (use of the family residence) Code of Civil Procedure (provisional and safeguard measures)