Can our family cottage also be considered a matrimonial home in Ontario?
Yes, a cottage or secondary property can be a matrimonial home in Ontario if both spouses ordinarily occupied it as a family residence on the date of separation. The Family Law Act does not limit the designation to a single property. A couple may have two or even more matrimonial homes.
"Ordinary occupation" is interpreted broadly. Regular seasonal use of a cottage — spending summers there, treating it as a family retreat — has been found sufficient in many cases. A property that was only occasionally rented out and used personally could also qualify depending on the circumstances.
Having two matrimonial homes is important for several reasons. Both properties are subject to the consent requirement for sale or mortgage. Neither property's pre-marriage value can be deducted from net family property in equalization. And exclusive possession orders can potentially apply to either property. If you own a cottage or investment property that the family regularly used, it is worth discussing with a lawyer whether it meets the matrimonial home threshold.
Key takeaways
- Ontario law allows multiple matrimonial homes — a cottage can qualify.
- Regular seasonal use can satisfy the "ordinary occupation" requirement.
- Both properties are subject to consent rules and equalization treatment.
- Whether a secondary property qualifies depends on the specific facts of use.