What is a “Matrimonial Home” as defined by the Family Law Act?
A “Matrimonial Home” is treated very differently from other assets under the Family Law Act . A “Matrimonial Home” is defined 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 is their matrimonial home”. A “Matrimonial Home” cannot be considered “Excluded Property”. Therefore, if you inherited a “Matrimonial Home”, or received the house by way of a “gift” from a third party, the value of the house as of the date of separation must be shared with your former spouse.
