Matrimonial Home / Residence

For married couples, the home owned and occupied as a family residence on the date of separation is treated differently than other assets in the calculation of the net family property.

The designation as a matrimonial home affords spouses special protection if your name is not on the title as a joint owner. Both spouses have an equal right to possess the home after separation regardless of ownership. If required, you can apply to the court to determine which spouse can have exclusive possession of the matrimonial home after separation.

During the marriage, a spouse cannot sell or borrow against the home without the consent of the other spouse or a court order.