Who pays the mortgage if I have exclusive possession of the matrimonial home in Ontario?

An exclusive possession order does not automatically determine who pays the mortgage or other carrying costs of the matrimonial home. The order addresses the right to reside in the property, not the financial obligations associated with it. Mortgage payments, property taxes, utilities, and maintenance costs must be addressed separately.

In practice, courts and parties often deal with carrying costs alongside the exclusive possession order. The spouse remaining in the home typically pays the carrying costs, which is logical since they are benefiting from the occupancy. However, if that spouse cannot afford to do so alone, interim support from the other spouse may be ordered to help cover these costs.

If the excluded spouse was contributing to the mortgage before the exclusive possession order, there may be an argument about how their post-separation payments affect the eventual equalization. Unilateral credit for mortgage payments made after separation is not automatic and depends on the final property resolution. It is important to reach a clear written understanding — ideally documented in a temporary order or minutes of settlement — about who is responsible for what financial obligations while exclusive possession is in effect.