Divorce in Ontario: The Matrimonial Home Special Status in Divorce

“Matrimonial Home”  or commonly known as the “Family Home” is defined as any family property in which a person has an interest and that is or was ordinarily occupied by the person and his/her spouse as their “family residence”.

There are many definitions of Matrimonial Home

There can be more than one matrimonial home, going by the above definition, and depending on the living arrangements of each couple.
It must be noted that the protection of the entitlement to the matrimonial home under Part II of the Family Law Act in Ontario is only given to married spouses and not common law spouses.

A party only needs to show an “interest” in the property, not necessarily ownership of it. For instance, if a couple lives in a leased property, the leased premises would be a matrimonial home. However, a mere permission or license to occupy a property does not create sufficient interest in that property.

If a corporation holds title to the matrimonial home, the ownership of a share or shares of that corporation, or of an interest in a share or shares in that corporation entitling the owner to occupy a housing unit owned by the corporation, is deemed to be a sufficient interest in the property for pursposes of division of the value of the matrimonial home equally between the spouses.

Property can be real or personal. For instance, a trailer or a house-boat can be a matrimonial home depending on the prevailing facts.

If the parties own two properties, one of which was originally occupied by them as their family residence but at separation, is rented out to tenants, and the other a home which at the time of separation, is used as their family residence, only the latter is considered a matrimonial home for purposes of property division.

When considering a divorce in Ontario, it is important to contact an experienced Family law and divorce lawyer who can advise you about your rights concerning the matrimonial home and other issues of property division. Contact Niren and Associates Family Law Practice at 416 222 4555 or email us at info@divorcesupport.ca

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By julius - Last updated: Thursday, October 15, 2009
Filed in Divorce, Family Property Division, Toronto Family Lawyers • Tags: ,