We run a business out of our home. Does that affect its matrimonial home status in Ontario?
Running a business from a home does not automatically remove its matrimonial home status. As long as the couple ordinarily occupied the property as their family residence, the residential character is preserved even if part of the space is used for business. Many families operate home businesses without affecting the property's status as a matrimonial home.
Where it becomes more complex is if the business use is so extensive that the property is primarily commercial rather than residential. Courts look at the dominant character of the use. A dedicated office floor or a significant portion of the property converted exclusively for commercial operations could potentially affect how the property is characterized, but the analysis is fact-specific.
The valuation of the property for equalization purposes would account for both its residential and commercial elements. A proper appraisal should consider the property's actual use and market value. If you run a business from home and are separating, it is worth discussing with a lawyer whether the business use affects either the matrimonial home designation or the property's valuation.
Key takeaways
- Operating a home business does not remove matrimonial home status if the couple lives there.
- Extensive commercial use that dominates the property could change the analysis.
- Courts focus on the dominant character of the property's use.
- Appraisal should account for both residential and business components.