Who keeps the matrimonial home in Ontario, and how is net family property equalized after separation?
Married spouses each have an equal right to possession of the matrimonial home regardless of title, and property is divided by equalizing net family property rather than by transferring assets.
For married spouses the matrimonial home gets special treatment under the Family Law Act. Both spouses have an equal right to possession no matter whose name is on title, neither can sell or mortgage it without the other's consent or a court order, and the usual deduction for property brought into the marriage does not apply to a matrimonial home owned on the date of marriage.
Ontario does not divide assets item by item. Each spouse calculates net family property — assets less debts on the valuation date, less the net value brought into the marriage, excluding certain gifts and inheritances — and the spouse with the higher figure pays half the difference as an equalization payment.
Common-law partners are not covered by the equalization scheme. Their claims run through trust and unjust enrichment principles, which are fact-heavy and should be assessed early.
Source: Family Law Act, R.S.O. 1990, c. F.3, Parts I and II
This work is handled by Vyshnavie Manmatharajah (Family law / separation). Read more about family law / separation at VK Law Group, or send us the facts and we will tell you where you stand.
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