Do I Have Rights to a Matrimonial Home My Spouse Owns Alone in Ontario?

If you are married, yes: you have rights even when only your spouse is on title. Both spouses have an equal right to possession of a matrimonial home, whoever holds title, and moving out does not end that right. A matrimonial home is property ordinarily occupied by you and your spouse as your family residence, and a couple can have more than one.

Your spouse generally cannot sell or mortgage the home unless you join in or consent, you have released your rights by separation agreement, a court authorizes it, or another property has been properly designated. A buyer or lender who acts in good faith, for value and without notice that it was a matrimonial home may be protected. When the marriage ends, the home's full value is included in net family property even if your spouse owned it before the marriage.

Your right to stay can end after divorce for a non-owner spouse unless a separation agreement or court order provides otherwise. Unmarried partners have no statutory matrimonial-home right. A lawyer can confirm how this applies to your home and your agreements.