Important note: This article is not Legal Advice. No one should act, or refrain from acting, based solely upon the materials provided on this website, any hypertext links or other general information without first seeking appropriate legal or other professional advice.
Section 18(1) of the Family Law Act (FL Act) defines a matrimonial home as "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." It's important to emphasize that only married spouses are eligible for a matrimonial home; unmarried parties, including those in common-law relationships, are not covered by this section of the Act.
Spouses may possess more than one matrimonial home. For instance, if spouses live in a primary residence but also frequently inhabit a cottage, both properties may be deemed matrimonial homes as long as they are regularly used by the spouses. However, if a property jointly owned by spouses is consistently rented out to a third party, it likely won't qualify as a matrimonial home.
Additionally, a matrimonial home can extend to properties located in other countries. For example, if spouses own a beach house in Florida and use it for several months each year, it may still be considered a matrimonial home.
Typically, a matrimonial home encompasses both the dwelling and the land it occupies. However, an exception arises if the property serves a non-residential purpose. According to Section 18(3) of the FL Act, "if property that includes a matrimonial home is normally used for a purpose other than residential, the matrimonial home is only the part of the property that may reasonably be regarded as necessary to the use and enjoyment of the residence." This means that areas of the property used for activities like farming may not be considered part of the matrimonial home.
Determining which properties qualify as matrimonial homes is contingent upon various factors, including marital status, consistent use by both parties, and residential purpose.
For personalized guidance tailored to your specific circumstances, it's advisable to seek counsel from a seasoned lawyer who can offer informed advice and assistance with your legal matters.
Check out our real estate transactions page to book a meeting
In Canada, a matrimonial home is defined as the family residence where both spouses live together during their marriage. It holds special legal significance under Canadian family law, particularly when it comes to separation or divorce. Here are some key points about matrimonial homes in Canada:
The exact legal implications and procedures can vary depending on the province or territory, as family law is under provincial jurisdiction in Canada.
In Ontario, both spouses do not need to be on the title for a property to be considered a matrimonial home. Here are some important points to consider regarding matrimonial homes and title ownership in Ontario:
It is not necessary for both spouses to be on the title for a property to be considered a matrimonial home it can be just one spouse. The rights and protections provided ensure that both spouses have an equal stake in the home regardless of title ownership.
In Ontario, Net Family Property (NFP) is a crucial concept for determining the division of assets and liabilities between spouses upon separation or divorce. It is governed by the Ontario Family Law Act. Here's how it works:
To calculate NFP, you start by determining the value of each spouse’s property on the date of separation, known as the valuation date. This includes all assets owned by each spouse, such as real estate, bank accounts, investments, pensions, and personal property. From this total, you subtract any debts or liabilities that each spouse owes on the valuation date.
Next, you subtract the value of each spouse’s property on the date of marriage. This means calculating each spouse's net worth on the date they got married and subtracting it from their net worth on the date of separation.
Certain types of property are excluded from the NFP calculation. These include gifts or inheritances received by one spouse during the marriage, money received from a personal injury settlement, and property that a spouse expressly excluded in a domestic contract.
Once you have the NFP for each spouse, the spouse with the higher NFP may owe an equalization payment to the other spouse. This payment aims to ensure that both spouses share the increase in their combined net worth during the marriage equally. The equalization payment is calculated as half the difference between the NFP of each spouse.
In some cases, a court can order an unequal division of property if an equal division would be considered unfair or unconscionable. This can occur under exceptional circumstances, such as significant financial misconduct by one spouse.
.svg)
