What Counts as the Matrimonial Home in Ontario?

A matrimonial home is any property in which a person has an interest and that is, or was at separation, ordinarily occupied by that person and their spouse as their family residence. A couple can have more than one, for example a house and a cottage that are both used as family residences. A rental property the couple did not live in as a family residence does not qualify.

Condos and co-ops can qualify too: owning shares in a corporation that entitle you to occupy a housing unit it owns is deemed to be an interest in that unit. If a property that includes the home is normally used for a non-residential purpose, only the part reasonably needed for the use and enjoyment of the residence counts, such as the house and a small area around it on a dairy farm.

The home gets special treatment. Its full value is included in net family property even if one spouse owned it before the marriage. Spouses can also designate a property as a matrimonial home in the prescribed form. Whether a particular property qualifies depends on how it was actually used, so a lawyer can confirm your situation.