Matrimonial Home Rights in Ontario When a Relationship Ends

If your name is not on title, you may worry that you can be forced out, or that the home can be sold without you. The law treats the family home differently from other property, and the answer depends heavily on whether you are married.

This article explains the main rights in plain terms: sharing the home's value, asking to stay, and what unmarried partners should know. Details about selling or mortgaging the home are worth confirming with a lawyer quickly.

Married and unmarried partners are treated differently

The strongest home rights belong to married spouses. Ontario's guidance does not give unmarried partners the same right to seek exclusive possession and tells them to see a lawyer about their rights to the shared home. Common-law couples are also not legally required to split property acquired while living together, though they may recover contributions to the other's property, sometimes through court.

Sharing the value of the home

For married spouses, the full value of the family home must be shared even if it was owned before marriage, gifted or inherited. A court can divide it differently only in very special situations where an equal split would be extremely unfair.

This is separate from who lives there. Other property is valued through equalization, where the spouse with the larger net family property pays half the difference. A court claim for an equalization payment must be started within six years of separation or two years after the divorce is final, whichever comes first.

Asking for exclusive possession

A married spouse can ask the court for exclusive possession of the family home, even if it is in the other spouse's name. This means the court orders that you live there and the other spouse does not.

The judge considers the following:

• Violence, including violence against children.
• Whether the spouse has another suitable place to live.
• The children's best interests.
• Both spouses' finances.

The Superior Court of Justice hears matrimonial home claims.

Staying in the home or stopping a sale

Whether you can stay put, or prevent a sale or mortgage, depends on your facts, including whether you are married and what has already been signed. If you think a sale or new mortgage is coming, speak to a lawyer promptly rather than waiting. Do not move out or sign documents about the home before getting advice.

What to do next

• Gather the title, mortgage and tax documents for the home.
• Write down when you married or began living together, and when you separated.
• Note any safety concerns and the children's needs.
• Speak with a lawyer before you move out or sign anything.

Generally, start the case in the municipality where you or your spouse lives, though the municipality where the children live may apply if parenting is involved. Family Law Information Centres at family courts give information on separation, divorce and court processes. If you are afraid for your safety, the Victim Support Line is 1-888-579-2888.

Frequently asked questions