The paper provides a description of the discretionary remedies relating to the matrimonial home, specifically occupation rent, partition and sale, and exclusive possession. The paper discusses the factors considered in granting each remedy by looking at the relevant legislation (since they have been partly codified) and case law. There is also a discussion about the timing and appropriateness of each of these remedies depending on the case.

This paper was presented at the Family Law Beyond the Basics program which was held in Edmonton on March 1, 2011 and in Calgary on March 16, 2011.