My name is not on the title. Can I stay in our matrimonial home after separation in Ontario?

Yes. Under Ontario's Family Law Act, the right to possession of the matrimonial home belongs to both spouses equally, regardless of who holds legal title. If the home was ordinarily occupied as your family residence, you have the right to remain in it even if your name is not on the deed or mortgage.

Your spouse cannot force you to leave based solely on the fact that they own the property. The only way one spouse can be required to vacate is through a court order, most commonly an exclusive possession order. Until such an order is granted, both spouses have equal right to be in the home.

As a practical matter, this right continues until a separation agreement or court order resolves the property question. If you are in the matrimonial home and your spouse is pressuring you to leave by relying on their ownership, you do not have to go. Leaving voluntarily can sometimes complicate matters — speak with a family law lawyer about your specific situation before making any decisions about whether to stay or go.