Does a Marriage Contract Change How the Matrimonial Home Is Treated in Ontario?

Yes, in part. A marriage contract can exclude the matrimonial home's value from net family property, but a provision trying to limit a spouse's rights under Part II (Matrimonial Home), such as possession and consent rights, is unenforceable. Without such a clause, the home's full value is included even if one spouse owned it before the marriage.

A domestic contract that deals with a matter also dealt with in the Family Law Act prevails, unless the Act provides otherwise. A marriage contract may cover ownership or division of property and rights on separation, annulment or death. To be enforceable, it must be in writing, signed by the parties and witnessed.

A court may set a contract aside if a party failed to disclose significant assets or debts, did not understand its nature or consequences, or on contract-law grounds such as duress or undue influence. A cohabitation agreement is deemed a marriage contract if the parties marry each other. What your contract does for the home depends on its exact terms and on how it was made, so have a lawyer review the wording.