Right to Stay in the Matrimonial Home in Ontario

A common worry after a separation is whether you can stay in the home when only your spouse's name is on title, and what happens if your spouse tries to sell it. These are urgent questions, and the answers depend on your exact circumstances.

This article explains the general picture for married spouses in Ontario, which court deals with these disputes, and what practical steps help protect your position. It does not replace advice on your specific facts.

Why the name on title is not the whole story

For married spouses, the family home is treated in a special way. It is shared at full value even if it was owned before the marriage, gifted or inherited, and a court can divide it differently only in very special situations.

In plain terms, owning the home alone on paper does not usually mean the other spouse has no interest in it. The details, and how they apply to you, are worth confirming with a family lawyer.

Married and common-law spouses are not treated the same

The rules above are for married spouses. Common-law couples are not legally required to split property acquired while they lived together. A partner who contributed to property the other owns may have a right to part of it and may need to go to court to recover that contribution.

If you are not married, your rights in the home may depend on your contributions and on the type of claim your lawyer identifies. See the separate article on common-law property rights for more.

If your spouse tries to sell or you are told to leave

Do not ignore a sale or a request to leave. The right step depends on what has already happened, such as whether a listing exists, an agreement has been signed or you have already moved.

• Get legal advice quickly if a sale, listing or mortgage is being discussed.
• Do not sign any document about the home, including a consent to a sale or mortgage, until you understand it.
• Keep copies of anything that shows your spouse's plans, such as emails, texts and listing details.
• Think carefully before moving out, and ask a lawyer how it could affect your position.
• Keep paying or documenting household costs you cover, and keep records.

Which court deals with the home

The Superior Court of Justice hears divorce, division of family property and claims about the family home. The Ontario Court of Justice does not hear divorce or property division. The Family Court Branch of the Superior Court is in 25 locations, including Barrie, Lindsay and Peterborough, and residents of those locations go to their local branch.

A family case usually starts in the municipality where you or your spouse lives. If you are unsure, you can call the family court office in your area. Courthouse addresses and local steps are best confirmed with the court.

Children, the home and moving

If children live in the home, the arrangements for them matter too. A parenting plan can set out when each parent spends time with the children, but an informal plan can be difficult to enforce. Under the Divorce Act, a court shall include a submitted parenting plan in a parenting order unless it is not in the child's best interests.

If a parent with parenting time or decision-making responsibility intends to relocate, the Divorce Act requires notice at least 60 days before the expected date of the move. Under the Divorce Act, parties to a proceeding are also expected, to the extent appropriate, to try to resolve the matters that may be the subject of an order through a family dispute resolution process.

What to do next

• Find the deed, mortgage statements, property tax bills and your marriage date.
• Write down who has lived in the home, and since when.
• Ask a family lawyer how the Family Law Act applies to your situation, especially if a sale is possible.
• Avoid leaving, signing or agreeing to anything about the home until you have advice.
• Consider mediation or another dispute resolution route if it is safe and appropriate.

Frequently asked questions