My spouse and I own a property but I never lived there. Is it still a matrimonial home?

Not automatically. The Family Law Act requires that a property have been "ordinarily occupied" by the spouses as their family residence on the date of separation. Mere ownership is not enough. If one spouse never lived there or the couple never jointly used it as a family home, it likely does not qualify as a matrimonial home.

For example, if you and your spouse hold title to an investment property that was always rented out and neither of you ever lived in, that property would not be a matrimonial home. It would be treated as an ordinary asset in equalization — meaning pre-marriage value deductions could apply, and there would be no spousal consent requirement for a sale.

The question of "ordinary occupation" is assessed at the date of separation, not throughout the marriage. If a property changed character over time — once used as the family home but later converted to a rental — the analysis focuses on what it was at the time of separation. If there is a dispute about whether a property qualifies, courts look at evidence of actual use and intent.