Designation Of Matrimonial Home
In Ontario, section 18 of the Family Law Act defines a “matrimonial home”:“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.” which means every property owned or rented by a person and currently occupied or last occupied by the person and his or her spouse is a matrimonial home, whether or not both spouses are registered as owners of the property. There may be more than one matrimonial home, what is essential to consider a property as matrimonial home is occupany by person and his or her spouse of that property as family residence or where the spouses are separated, matrimonial home is the property last occupied by the spouses as family residence,. If only one of the spouses frequented a property then that may not be considered a matrimonial home. Where there are more than one matrimonial home, couples can designate one home as matrimonial home. When both spouses designate a home as matrimonial home,any other home that could be considered as matrimonial home under Section 18 of the Family Law Act ceases to be so. If only one spouse designates a property as Matrimonial house (which is usually the spouse who is not named as owner of the property) any other property that could be considered a matrimonial home under Section 18 of the Family Law Act continues to be so. A matrimonial home is a different breed in that irrespective of whose name is on the title, both spouses have an equal right to live in that property .A court may give exclusive possession of the matrimonial home to one spouse but neither spouse can force the other out of the house on their own. Neither of the spouses can sell or otherwise encumber an interest in a matrimonial home unless the other spouse has consented or released their rights to the home in a separation agreement or there is a court order. If one spouse does sell or encumber the matrimonial home, the court can set aside the alienation unless the person who purchased the house did so in good faith and was not aware that he home was a matrimonial home. This is the reason when spouses grow apart and are heading towards separation/divorce, it is prudent for the spouse whose name is not on the title to have a home designated as matrimonial home with the land registry office which tantamounts to notice of the property being a matrimonial home to all parties trying to deal with the subject property and if they deal with it without consent of the off-title spouse or court order, they do so at their own peril.
If you need help to designate a property in Ontario as matrimonial home, we would be happy to assist you.
