The Matrimonial Home

The Matrimonial Home in Ontario

Pursuant to the Family Law Act the matrimonial home is subject to its own rules. To be considered a matrimonial home the residence must be used at the time of marriage breakdown as a matrimonial home. If the parties have more than one matrimonial home then its use need not be full time but it must be consistent with the normal use of such property. It is important to note that a matrimonial home cannot be sold or encumbered without the written consent of the other spouse regardless as to how title is held. Furthermore, the court has the power to award exclusive possession of a matrimonial home both on a temporary basis and on a permanent basis. What this means is that if a party is successful in obtaining exclusive possession that party shall have sole rights to occupy the home whereas the other parent will not. To be successful in such a claim it is often necessary to establish that it is in the best interests of the children of the relationship.