What happens to the matrimonial home if my spouse dies in Ontario?

When a married spouse dies in Ontario, the surviving spouse has an election: they can either take what they are entitled to under the deceased's will (or intestacy rules if there is no will), or they can elect to receive an equalization payment under the Family Law Act. This election must be made within a specific time period.

Separately, the Family Law Act gives the surviving spouse the right to remain in possession of the matrimonial home for a limited period after the death of their spouse, regardless of what the will says. This provides some short-term protection against being immediately displaced.

The long-term ownership of the home depends on how title was held. If the home was in joint tenancy, the surviving spouse automatically inherits the other half through right of survivorship. If it was owned solely by the deceased or in tenancy-in-common, the deceased's share passes through the estate. The surviving spouse's equalization rights and their share under the will or intestacy rules all interact in complex ways. Seeking legal advice promptly after a spouse's death is important given the timelines involved.