What is a 'matrimonial home' under Ontario family law?
Under Ontario's Family Law Act, a matrimonial home is any property that a married couple ordinarily occupied as their family residence on the date they separated. Both spouses have equal rights in the matrimonial home regardless of who holds legal title. If you own the property in your name alone, your spouse still has rights to it because it was your shared family home.
A couple can have more than one matrimonial home — for example, a principal residence and a cottage both regularly used as family residences may each qualify. This is important because the rules for matrimonial homes are stricter than those for other family assets.
The matrimonial home has special status in equalization of net family property, in rules about possession, and in restrictions on selling or mortgaging the property without spousal consent. Understanding whether a property qualifies as a matrimonial home is one of the first steps in any property division discussion.
Key takeaways
- Any property both spouses ordinarily occupied as a family home at separation qualifies.
- Both spouses have equal rights regardless of whose name is on title.
- A couple can have more than one matrimonial home.
- Special restrictions on sale or mortgage apply to matrimonial homes.