Category: Marital Property
Matrimonial Home in Ontario
Key Takeaways
- A matrimonial home is the home a married couple ordinarily lived in at separation, and it has special legal rules in Ontario.
- Both married spouses may have an equal right to possession, even if only one spouse owns the property.
- The matrimonial home often becomes the biggest dispute because it affects housing, children, finances, and property division.
- A separation agreement can help settle issues like living arrangements, sale timelines, and buyouts without going to court.
Who Has the Right to Stay in the Matrimonial Home?
One of the most stressful questions after separation is simple, but loaded:
Understanding Marital Property in Ontario
What is Marital Property?
In Ontario, “marital property” refers to the assets and property that both spouses accumulate during their marriage. Under Ontario’s Family Law Act, marital property is generally considered to belong equally to both spouses, regardless of whose name is on the title or who paid for it. When spouses separate or divorce, this property is usually divided equally through a process called “equalization of net family property.”