What does it mean to 'designate' a matrimonial home in Ontario?

Ontario's Family Law Act allows spouses to jointly register a designation of matrimonial home against the property on title. This formal designation serves as notice to the world — and to any prospective buyer or lender — that the property is a matrimonial home and that spousal consent is required for any disposition.

A designation is not required for a property to be a matrimonial home. A property qualifies automatically as a matrimonial home if the couple ordinarily occupied it as their family residence at the date of separation. The designation simply makes the status visible on title.

A designated matrimonial home can also be de-designated by joint consent of both spouses. This is sometimes done as part of a separation agreement or domestic contract where the parties agree to give up their respective matrimonial home rights. If you and your spouse own multiple properties and want to clarify which one carries matrimonial home status, formal designation can help avoid future disputes. A lawyer can assist with registration at the land registry.