We rented out part of our home. Does it still count as a matrimonial home in Ontario?

Possibly. Ontario's Family Law Act does not require the entire property to be used as a family residence. If the couple ordinarily occupied part of the property as their family home — for example, living on the main floor while renting out a basement unit — courts have generally recognized the property as a matrimonial home, or at least the portion used as the residence.

The analysis becomes more fact-specific when the property has significant commercial or rental use. Courts look at whether the spouses genuinely used the property as a family residence, not merely owned it. A property that was substantially a rental operation with only incidental personal occupancy may not qualify, or may only partially qualify.

Where only part of a property is the matrimonial home, the equalization treatment can also be more nuanced. It is important to document how the property was used during the marriage. If you are unsure whether a property with a rental component qualifies, a family law lawyer can assess the facts.