How is the matrimonial home dealt with?
Under Ontario family law a matrimonial home is a property in which a person has an interest, and that was ordinarily occupied by the person and his or her spouse as their family residence at the time of their separation. This asset does get special treatment. The matrimonial home in Ontario qualifies for special treatment in two ways. Firstly, regardless as to whose name it is on the deed, both spouses have equal rights to possession of the matrimonial home. No one can “throw out” the other spouse because of the ownership of the house. Secondly, if a home is a matrimonial home at the date of separation and was the same home lived in at the date of marriage, then the owner cannot deduct its value when calculating his or her net family property. It’s separation date value is included as an asset, but without any corresponding deduction.
