What Happens to the Matrimonial Home When a Couple Separates in Ontario?

If you are married, you can ask the court for exclusive possession of the family home, even if it is in your spouse's name. Whether that happens, and whether the home is later sold, depends on your circumstances.

The judge considers violence, including against children, whether the spouse has another suitable place to live, the children's best interests and both spouses' finances. Separately, when property is divided, the full value of the family home must be shared even if it was owned before marriage, gifted or inherited. A court can divide it differently only in very special situations where an equal split would be extremely unfair. Rules on each spouse's equal right to occupy the home and on selling or mortgaging it are worth confirming with a lawyer before you act.

If you are not married, Ontario's guidance does not give unmarried partners the same right to seek exclusive possession, and it tells them to see a lawyer about their rights to the shared home. Common-law couples are also not legally required to split property acquired while living together, though they may recover contributions to the other's property. If safety is a concern, the Victim Support Line is 1-888-579-2888.