The division of the matrimonial home is a crucial issue in Ontario family law, especially during separation or divorce. Under the Ontario Family Law Act, the matrimonial home holds a unique legal status. Regardless of whose name is on the title, both spouses have an equal right to live in the matrimonial home until a settlement is reached or a court orders otherwise. This means that even if one spouse owns the home, both have equal rights to possession during the marriage and separation process.
When it comes to dividing the matrimonial home, several factors must be considered:
- Equal Division of Property:
In Ontario, the value of all marital property, including the matrimonial home, is typically divided equally between spouses. The key difference is that unlike other assets, you cannot deduct the value of the matrimonial home from your net family property if it was owned before the marriage. Both spouses are entitled to half of the home’s value, regardless of who purchased it or whose name is on the deed. - Exclusive Possession Orders:
In some cases, one spouse may apply for exclusive possession of the matrimonial home. This does not affect ownership but grants one spouse the legal right to live in the home while the other spouse must move out. Courts typically consider the best interests of any children involved when granting exclusive possession. - Sale of the Matrimonial Home:
If both parties agree to sell the home, or if a court orders its sale, the proceeds are typically divided equally. However, before the sale or division occurs, both spouses have equal rights to live in the home, unless an agreement or court order states otherwise.
Dividing the matrimonial home can be one of the most complex aspects of a divorce, often leading to disputes over ownership and possession rights. Seeking legal advice from an experienced family lawyer in Mississauga is crucial to navigate this process effectively. A lawyer can help you understand your rights, assist in negotiating settlements, and represent your interests in court if necessary.
If you are facing the division of your matrimonial home, consulting a family lawyer Mississauga can ensure that your rights are protected and help you reach a fair settlement. Contact a family lawyer today to discuss your options and begin the process of resolving your family law issues.
