Family law · Ontario
Ontario matrimonial home checklist.
Answer a few questions about the home to see which matrimonial home rules under the Ontario Family Law Act apply, with the section for each.
In Ontario, a home both spouses ordinarily occupied as the family residence is a matrimonial home. Both spouses have an equal right to possession, and neither can sell or mortgage it without the other's consent, a release in a separation agreement, or a court order.
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The matrimonial home rules in short
Part II of the Ontario Family Law Act applies to spouses, meaning married people (s. 1(1)). A matrimonial home is every property in which a person has an interest and that is, or at separation was, ordinarily occupied by the person and their spouse as the family residence (s. 18(1)). Shares in a housing corporation count (s. 18(2)), and where a property is also used for another purpose, only the part reasonably necessary for the residence counts (s. 18(3)).
- Equal right to possession (s. 19(1)). If only one spouse has an interest, the other's right is personal against that spouse and ends when they cease to be spouses unless an agreement or order says otherwise (s. 19(2)).
- No sale or mortgage without consent (s. 21(1)): the other spouse joins or consents, has released their rights in a separation agreement, a court order authorizes it, or a registered designation of another home applies. A transaction in breach may be set aside unless the buyer or lender acted in good faith for value without notice (s. 21(2)).
- Designation (s. 20). A designation made by both spouses and registered makes that property the matrimonial home and ends the status of others. A designation by one spouse alone does not.
- Court orders: a court can decide whether a property is a matrimonial home, authorize a sale if consent is unreasonably withheld (s. 23), and order exclusive possession for a period it directs, regardless of ownership (s. 24).
- Equalization: the matrimonial home is always counted in net family property, even if it was a gift or inheritance, and the date-of-marriage value of a home is not deducted (s. 4).
Common-law partners are not "spouses" under these Parts of the Act. Their rights depend on title, trusts and other law.
Frequently asked questions
What is a matrimonial home in Ontario?
Any property in which a person has an interest that the person and their spouse ordinarily occupied as their family residence, or did at the time they separated (Family Law Act s. 18(1)).
Can my spouse sell the house without me in Ontario?
Not if it is a matrimonial home. A spouse cannot dispose of or encumber an interest in it unless the other spouse joins in or consents, released their rights in a separation agreement, or a court order authorizes it (s. 21(1)). A transaction made without that can be set aside unless the buyer or lender paid value in good faith without notice.
Do common-law couples have matrimonial home rights in Ontario?
Not under Parts I and II of the Family Law Act, which define "spouse" as married people (s. 1(1)). Unmarried partners rely on title, trust claims and other law.
What does designating a matrimonial home do?
A designation made by both spouses and registered on title makes that property the matrimonial home and removes the status from other properties. A designation by one spouse alone does not remove the others (s. 20).
Can one spouse get exclusive possession of the home?
Yes. On application a court can give one spouse exclusive possession for a period it directs, regardless of who owns the home, and can order related payments (s. 24).
Is an inherited home excluded from equalization?
No. Gifts and inheritances are excluded from net family property except for a matrimonial home (s. 4(2) para. 1).
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Estimate only — not legal or tax advice
This checklist describes general rules from the statute and does not apply them to your facts. Outcomes depend on ownership, agreements and court orders. If you are unsafe at home, contact police or a local legal clinic. Consult an Ontario family lawyer.