When a marriage ends, dividing property can be one of the most difficult and financially significant steps. In Ontario, the matrimonial home receives special legal treatment under the Family Law Act. Whether you plan to stay in the home, sell it, or buy out your spouse’s interest, understanding these rules early can help you protect your rights and avoid costly mistakes.
Under Ontario’s Family Law Act, a matrimonial home is any property that either spouse has an ownership interest in and that was ordinarily occupied by both spouses as their family residence at the time of separation.
Key points to know:
The matrimonial home stands apart from other assets in several important ways:
This special status protects family stability and ensures that both parties — and any children — are treated fairly during separation.
How the home’s value is divided depends on ownership:
In most cases, the valuation date is the date of separation, though courts may adjust this in special circumstances (for example, if there’s a delay in selling the property).
Spouses typically share the ongoing costs of the home — such as mortgage payments, insurance, and property taxes. If one spouse covers all expenses after separation, that spouse may be entitled to reimbursement or credits during equalization.
There are two main ways to resolve ownership of the matrimonial home:
If both spouses are on title, either can apply under the Partition Act to force a sale, as long as it isn’t contrary to the children’s best interests or done in bad faith.
If only one spouse holds title, that spouse may apply to sell without consent, but the non-titled spouse still has important rights of possession and entitlement to a share of the home’s value.
Courts can grant exclusive possession of the matrimonial home to one spouse, even if that spouse isn’t on title. These orders are typically made to protect children, prevent family violence, or maintain financial fairness.
Exclusive possession does not change ownership; it only decides who may live in the home while the broader property issues are resolved.
The law surrounding the matrimonial home can become complex. Issues that often arise include:
Each situation is fact-specific, and professional guidance is essential to apply the law correctly.
The matrimonial home often represents both the emotional and financial heart of a marriage. Understanding your rights — and obligations — before acting is critical to preserving your share of its value.
At Sheard Law, we help clients across Ontario navigate the complexities of family property division, including:
Contact Sheard Law today to arrange a consultation and get clear, practical advice tailored to your situation.
This information is provided as a general overview of Ontario family law principles concerning the matrimonial home. It does not constitute legal advice and should not be relied upon as such. Legal rules may change, and outcomes depend on individual facts. For personalized guidance, please consult a lawyer. Information current as of the date of posting.
