What is a Matrimonial Home and Can There Be More Than One?

Oct 1, 2024

Married couples can swiftly designate and register their designated matrimonial home with the land registry office. However, those going through the process of a separation or divorce can have a lot of legal stipulations, especially when it involves the division of property. One of the most significant assets to consider is the matrimonial home. In Ontario, the matrimonial home holds specific legal implications, and understanding its nuances is crucial for separating couples. Here’s a quick guide to help you understand everything about matrimonial homes.

What is a Matrimonial Home?

A matrimonial home is a residence that is where the spouses were ordinarily living at the time of separation. It does not have to be owned and includes a rental property. Both spouses are entitled to remain in possession of the home on separation regardless of who owns the property or whose name is on the lease.

Ownership: A property can be a matrimonial home regardless of ownership.

Ordinary Residence: The property must be occupied by the spouses during the marriage.

Time of Separation: The property must have been considered the matrimonial home at the time of separation.

Can There Be More Than One Matrimonial Home?

In some cases, a couple may have more than one property that qualifies as a matrimonial home. For example, if a couple owns both a primary residence and a vacation home, both properties could be considered matrimonial homes if they were regularly used as family residences in Ontario. For additional matrimonial homes, the same laws and division rights will apply, provided they are in Ontario.

It’s important to note that even if a property is not designated as a matrimonial home, it may still be subject to division as part of the overall property division process. Therefore, it’s essential to seek legal advice from a qualified family law lawyer to understand the specific implications of multiple matrimonial homes in your situation.

The Importance of Designating a Matrimonial Home

Designating a property as the matrimonial home makes sure that your spouse cannot transfer or encumber the property without your agreement, even if the home is not in your name. The specific rules governing the matrimonial home are outlined in the Family Law Act.

Complexities to Consider in Matrimonial Home Division

In Ontario, the matrimonial home is treated differently than other assets under the equalization process. The value of a matrimonial home on the date of marriage is not deducted from a spouse’s net family property regardless if that spouse owned the home prior to marriage, unless a prior domestic contract, such as a marriage contract, lays out how the matrimonial home will be divided. Many people believe that this means that the matrimonial home is always divided equally. This is not true.

Dividing the matrimonial home can be complex, especially when factors like unequal contributions, pre-marital property, debt, spousal support, and other assets come into play, even for families advocating for their parenting time.

It’s important to consider these factors and seek legal advice from a qualified family law lawyer to ensure a fair and equitable division of the matrimonial home. A lawyer can help you understand your rights, protect your interests, and navigate the legal process effectively.

Navigating a separation or divorce can be overwhelming—let Kelly Jordan Family Law guide you through the process

This area of law can be a complex process. It’s essential to seek legal advice from a qualified family law lawyer to understand your rights and options. A lawyer can help you navigate the legal complexities and ensure a fair outcome.

Kelly D. Jordan Family Law is here to assist you with all your family law needs, including matters related to matrimonial homes. Our experienced team of lawyers can provide expert guidance and representation.