You cannot make promises about custody and right of residence arrangements for your children if your marriage breaks down. You cannot change the law that says that every spouse has the same right to live in their home. If you are married, you can ask the court for the right to live in your home and let your spouse go. You have the same right to stay in your home, even if the house is in your spouse`s name. It`s a good idea to talk to a lawyer when you`re applying for a wholly owned order for the family home. You can agree to the division of the property under this law, or you can divide the property according to the rules that apply to the separation. A divorce agreement is better known in Ontario as a separation agreement. This Agreement is the current legal contract between you and your spouse with respect to all other matters. .