Only one spouse owns the matrimonial home. Can they force me to leave?
- Generally no. You can stay in a Matrimonial home while separating. Your spouse can only force you to leave with a court order or mutual agreement. In Ontario, The Family Law Act gives both spouses, if married, (but not common-law) an equal right to reside in the matrimonial home from the time they have separated until the divorce or disposition of the matrimonial home.
What can I do remove my ex from the family home?
- Pursuant to Section 24(1) of the Family Law Act, one spouse may apply to the court for exclusive possession of the home. This allows a spouse to continue to occupy the home and have the other spouse removed from the home on a temporary or final basis.
Who has to leave the house in a separation?
- Generally both spouses can continue to reside in the matrimonial home.
- In some cases, it may be unworkable for the spouses to remain living together in the same home. Pursuant to Section 24(1) of the Family Law Act, one spouse may apply to the court for exclusive possession of the home. This allows a spouse to continue to occupy the home and have the other spouse removed from the home on a temporary or final basis. These orders are often temporary and are used in situations where spouses are incapable of living together, such as situations involving high conflict, or domestic violence in the home. An order for exclusive possession does not grant one the right to sell or mortgage the matrimonial home without the permission of the other spouse.
Who gets the matrimonial home in a divorce with children?
- Generally the value of the matrimonial home is equalized between the both spouses even if only one is on title.
What do I need to prove to remove my spouse from the matrimonial home?
- In determining whether to make an order for exclusive possession, the court shall consider,
- the best interests of the children affected;
- any existing orders under Part I (Family Property) and any existing support orders or other enforceable support obligations;
- the financial position of both spouses;
- any written agreement between the parties;
- the availability of other suitable and affordable accommodation; and
- any violence committed by a spouse against the other spouse or the children.
- the possible disruptive effects on the child of a move to other accommodation; and
- the child’s views and preferences, if they can reasonably be ascertained.
Matrimonial Homes in Ontario FAQ
What happens if I leave the matrimonial home in Ontario?
Leaving the matrimonial home does not mean you lose your rights to it. You retain a legal interest in the home, and it can still be considered in the division of property during a divorce. However, leaving may have implications for custody and access to children if applicable.
Can I evict my spouse from the matrimonial home?
Generally, you cannot evict your spouse from the matrimonial home in Ontario without a court order. Both spouses have an equal right to stay in the matrimonial home, regardless of whose name is on the title.
Can you have more than one matrimonial home in Ontario?
Yes, it’s possible to have more than one matrimonial home in Ontario. If a couple regularly uses more than one residence, each can be considered a matrimonial home, subject to specific legal criteria.
How is the matrimonial home split in divorce?
In a divorce, the matrimonial home is subject to equal division of the value, regardless of who holds the title. This means the equity in the home is typically divided equally between both spouses.
What is considered a matrimonial home in Ontario?
A matrimonial home in Ontario is any property that a couple, married under the law, uses as a family residence at the time of separation. It can include a house, apartment, condominium, mobile home, or even a boat if used as a family residence.
What are my matrimonial home rights in Ontario?
In Ontario, both spouses have equal rights to possession of the matrimonial home, regardless of who is on the title. This includes the right to live in the home, and neither can be legally forced to leave without a court order or an agreement.
What happens to property owned before marriage in Ontario?
Property owned before marriage remains your personal property. However, any increase in its value during the marriage is usually shared. The matrimonial home is an exception, where its entire value is shared, regardless of when it was acquired.
What are my rights if I leave the marital home?
If you leave the marital home, you still retain your legal rights to the property. This includes a share in its value during property division in a divorce. However, leaving may impact other aspects of the separation process, such as child custody arrangements.
What if my matrimonial home is owned by parents?
If the matrimonial home is owned by your parents but used as your family residence, it is still considered a matrimonial home. However, since you or your spouse do not own it, the property itself is not subject to division, but the rights to live in the home are still protected under Ontario law.
Remember, matrimonial home laws can be complex, and individual circumstances can significantly affect your rights and obligations. It’s advisable to consult with a family law attorney in Ontario for specific guidance related to your situation.
How we can help
- If you are going through a separation and have concerns with respect to conflict in the home, or stability for your children, exclusive possession may provide some relief. Contact Unified LLP for more information or if you require assistance with a separation or divorce.
