When dividing assets at the end of a marriage, both spouses have equal rights of possession to the matrimonial home, and cannot sell or mortgage the home without the other spouse’s consent. Often, spouses as part of the separation process will come to an agreement with respect to who should remain in the home, or agree to dispose of the property and distribute the net proceeds. This will typically form part of a separation agreement, formally documenting the terms upon which the spouses have agreed to with regard to the home.
Exclusive possession of the matrimonial home.
If spouses have difficulty coming to an agreement with respect to who should remain in the home, one spouse may seek an Order for exclusive possession against the other spouse. The Kitchener family law lawyers at Sherman Law LLP understand the importance of determining how to handle the matrimonial home.
The matrimonial home and equalization of net family property.
In Ontario, the matrimonial home is a divisible asset between the spouses when calculating the net family property in order to determine the equalization payment. If the home is owned as joint tenants, then the home is divided evenly when calculating net family property. If one spouse owned the home prior to marriage, but the home was ordinarily occupied as a matrimonial home throughout the relationship, the party who is the sole registered owner of the home would list the full value of the home in his or her net family property. The other non-titled spouses would be entitled to a half-interest in the home. In some circumstances, it is possible for spouses to include terms in a marriage contract that will allow the value of the matrimonial home to be excluded from a net family property calculation, which will protect the spouse who brought the home into the marriage from having to divide its value in the event of separation.
For over 40 years, clients have trusted in our ability to explain their rights and obligations in a separation or a divorce. We are confident that you will appreciate our professional and personalized service. We invite you to browse our website and read the positive things others have to say about us. To benefit from our knowledge and experience with respect to the matrimonial home as part of your separation or divorce, please contact 519-884-0034 or send us an email. Many of our clients are referred to us by former and current clients, as well as by lawyers, accountants, and financial advisors. We serve clients in Kitchener, Waterloo, Cambridge, Guelph and surrounding areas.
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