There are many marriages where all the documentation to the matrimonial home is in the name of one spouse. Naturally, this would terrify the other spouse when divorce is contemplated because of  the fear of being evicted from the matrimonial home.

However, as long as the matrimonial home is purchased during the marriage, the couple have the same rights. This principle applies regardless of whose name is on the documents of the matrimonial home. Thus either spouse cannot be evicted out of the home.

Then again, when a couple is going through a divorce, it becomes difficult for the couple to live together in the same home.  If this happens, one party may request that the court allows them to have exclusive rights to stay in the home until the divorce is finalised.

The party wanting the request must establish why they want the other spouse to leave the matrimonial home. Ultimately, it would be at the discretion of the court who gets to stay in the home until the division of assets is determined.