Matrimonial Home


Matrimonial Home

1(1) “spouse” means either of two persons who, are married to each other.

18(1)  Every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence, is their matrimonial home.

19(1) Both spouses have an equal right to possession of a matrimonial home.

Both spouses who occupied the family residence at the time of separation are considered to have an interest in the matrimonial home.

Source:  Family Law Act Part II


Married couples

Your “matrimonial home” is a home where you were living together when you separated.


Both spouses have an equal right to stay in the house until you have an agreement that deals with it or until it is sold. You cannot sell or mortgage the property without the other spouse’s written consent even if the property is registered in your name only.


Common-law couples

It is different for common-law spouses.The spouse who is the registered owner of the property can sell or mortgage the home without the consent of the other spouse. Also, the spouse who is not a registered owner of the property does not have an equal right to stay in the home.

Source:  CLEO

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