What happens to our home when we get divorced in Ontario?

The matrimonial home receives special treatment under Ontario's Family Law Act. Both spouses have an equal right to possession of the matrimonial home, regardless of whose name is on title, as long as they are still married. One spouse cannot unilaterally sell or mortgage the home without the other's consent.

For the purpose of equalization, the full value of the matrimonial home on the date of separation is included in the net family property of the spouse who owns it. Unlike other assets, the value of the home on the date of marriage cannot be deducted — it enters the equalization calculation at its full separation-date value. This rule can significantly affect the equalization result, particularly for spouses who brought a home into the marriage.

What actually happens to the home depends on what you agree to or what a court orders. Common outcomes include: one spouse buying out the other's equalization interest and keeping the home; the home being sold and proceeds divided; or one spouse retaining possession (often a parent with primary parenting time) until the children finish school, then selling. Courts have the power to order exclusive possession of the matrimonial home even where only one spouse owns it, if circumstances warrant.