What is a Matrimonial Home? 

This article is a brief and general overview about Matrimonial Homes. Under Ontario legislation, a matrimonial home is defined as any residence or property where married spouses were living in on the date of separation. It is also important to note that any vacation homes or other properties that both spouses made regular trips to may be included as matrimonial homes. 

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What is the significance of a Matrimonial home?

According to the Family Law Act, both spouses have an equal right to live (and possess) the matrimonial home even if one spouse is not on the lease. The matrimonial home cannot be sold, mortgaged, or rented out without the written consent of both spouses or a court order. However, it should also be noted that in special circumstances such as when it is in the best interest of any children, a judge may order that the matrimonial home be placed in the exclusive possession of one spouse, and temporarily force out the other spouse from residing in the matrimonial home. ​​

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What laws apply to Matrimonial homes?​​​​

The Family Law Act is the law that applies to matrimonial homes. 

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Important FAQs: ​

1. What exactly counts as a matrimonial home? ​

Any property that you and your spouse lived in on the day of separation, including a house, condo, cottage, and rented unit can be a matrimonial home. There can also be more than one matrimonial home. 

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2. Can common-law partners also have a matrimonial home?  ​

No, common-law partners do not get a matrimonial home under the legislation. The 'matrimonial home' only applies to legally married spouses. 

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3. Can my spouse kick me out of the matrimonial home or change the locks on the home?  ​​

Your spouse is not allowed to kick you out of a matrimonial home or change the locks on a matrimonial home without a court order. Both spouses have a legal right to stay in a matrimonial home.

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