What happens to the matrimonial home when married spouses separate in Ontario?

The matrimonial home has special protection under Ontario's Family Law Act. Unlike other property, both spouses have an equal right to possession of the matrimonial home regardless of whose name is on the title. This means one spouse cannot simply lock the other out after separation — both have a legal right to stay there until a court order or a separation agreement resolves the situation.

Either spouse can apply to the court for exclusive possession of the matrimonial home, meaning the right to live there alone. Courts consider factors such as the best interests of any children, the financial situation of each spouse, whether there has been domestic violence, and whether it is more practical for one spouse to remain. Exclusive possession does not transfer ownership; it is simply a right to occupy.

A spouse can also voluntarily agree to leave the home as part of settling the separation, but it is important to confirm this in writing.

Ultimately, the matrimonial home is typically included in the calculation of net family property and its value affects equalization. Couples often agree on one spouse buying out the other's interest, or selling the home and splitting the proceeds.