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"What is a matrimonial home?" - Ontario

In simplest terms, in Ontario and for family law purposes, a matrimonial home is the place where married spouses live together at the time of separation.


Here is more information you may find interesting/relevant:

1. A matrimonial home does not have to be owned by both spouses or even one of them. It can be a rental unit, for example, or a property owned by a corporation.

2. A family can have more than one matrimonial home. For example, a family cottage can, in the right circumstances, be the second matrimonial home.

3. The Family Law Act gives spouses special "possessory rights" in connection with a matrimonial home, no matter who actually owns the property.  Such rights to occupy the property cannot end without consent or court order.

4. The value of matrimonial homes is divided between the parties on separation in a unique way, based on the provisions of the Family Law Act. Homes which are brought into the marriage and which are the matrimonial home at separation are also treated in a very specific way under this legislation (and unlike the division of other assets). Legal advice is crucial in this area.

5. Remember: The phrase "matrimonial home" applies only to situations where the spouses are married to each other (ie: are not common-law spouses).

©AJJakubowska