Our matrimonial home is in both our names. How does that affect separation in Ontario?

When the matrimonial home is held in both spouses' names, both parties are legal owners. This joint ownership does not automatically resolve the question of what happens on separation — it must still be addressed through equalization, a separation agreement, or a court order.

If the home is held in joint tenancy, each spouse owns an equal undivided interest. Separation itself does not sever the joint tenancy — that requires a formal act such as registering a severance instrument on title. If one spouse dies before severance, the other automatically receives the whole property through right of survivorship. Many separated couples sever the joint tenancy early to prevent this outcome and to convert to tenancy-in-common, where each party's interest passes through their estate rather than to the survivor.

With both names on title, neither spouse can sell or mortgage the property without the other's signature. This mutual veto provides protection but also means that if the parties cannot agree on what to do with the home, a court application may be needed. Partition or sale can be ordered by a court when joint owners cannot agree. Legal advice early in the separation process is important to address title, equalization, and practical management of the home.