The Matrimonial Home in Ontario: Rights, Rules, and What to Expect

What Is a Matrimonial Home?

A matrimonial home is a property that was ordinarily occupied by a person and their spouse as their family residence at the time of separation. There can be more than one matrimonial home — for example, a family cottage that the couple used as a residence can also qualify. The designation depends on how the property was used, not just its legal status.

Equal Right to Possession

Both spouses have an equal right to possession of the matrimonial home, regardless of who holds title. This means that even if the home is registered in only one spouse’s name, the other spouse cannot be removed without their consent or a court order. This is a critical protection that often surprises people.

Who Gets to Stay in the Matrimonial Home?

After separation, both spouses have the right to remain in the matrimonial home. Practically, however, the parties often agree that one spouse will remain and one will leave, or they sell the home and divide the proceeds. If they cannot agree, a court may grant one spouse exclusive possession of the matrimonial home, even if they do not hold title to it.

Exclusive Possession

A court can order exclusive possession, giving one spouse the right to live in the matrimonial home to the exclusion of the other. This is not a permanent disposition of the property but a temporary measure, typically ordered where children are involved and stability in the home is prioritized. Courts consider the best interests of the children, financial alternatives, and each party’s conduct.

The Matrimonial Home and Property Division

As noted, the matrimonial home is treated differently in property division. Its full value at the date of separation is included in the NFP calculation with no deduction for pre-marriage value. This means that if one spouse owned the home before marriage, the appreciation since marriage is fully shared. Gifts or inheritances used to purchase the home also lose their exclusion status.

Selling the Matrimonial Home

One spouse cannot sell, transfer, or mortgage the matrimonial home without the other’s consent, even if only one spouse holds title. This protection is automatic under the Family Law Act. Any attempt to do so without consent is invalid. This rule applies as long as the property remains the matrimonial home.

What Happens After the Divorce?

The special protections under the Family Law Act for the matrimonial home only apply while the parties are married. Once a divorce order is granted, these protections end. This is one reason why property issues should generally be resolved before, or as part of, the divorce proceedings.