Matrimonial Home

For many couples, the matrimonial home represents the largest and most significant asset, and it is also a place of great emotional and personal significance. It is important that couples properly understand how this home is treated under the law.

The Family Law Act deals with the matrimonial home: what it is, how it is treated in the equalization process, and who has a right to possess it.

The Family Law Act defines a matrimonial home as every property in which either spouse has an interest and which is currently, or was at the time of separation, “ordinarily occupied by the person and his or her spouse as their family residence. ”Under this definition, more than one home can qualify as a matrimonial home. If the parties have a cottage that they also use regularly as a family, and were using at the time of separation, the cottage will be a second matrimonial home. But if the cottage was for the most part used only by one of the spouses, it may not be considered a matrimonial home for the purposes of the Act.