Dividing Property in Ontario: What Happens to the Family Home?
- Divorce is Simple
- 2 days ago
- 3 min read
From Divorce is Simple: All-Inclusive Divorce Solutions
At Divorce is Simple, we understand that your home is more than just bricks and mortar — it’s memories, stability, and security. If you're going through a divorce or separation in Ontario, one of the most important (and emotional) decisions you'll face is what happens to the family home. In this guide, we’ll walk you through how Ontario law treats the matrimonial home, what your options are, and how to move forward with clarity and confidence.
🏠 What Is Considered the “Matrimonial Home”?
In Ontario, the matrimonial home has special legal status under the Family Law Act. It refers to any property that was ordinarily occupied by both spouses at the time of separation. This could be a house, condo, cottage — even a trailer — as long as it was used as the family residence.
What makes the matrimonial home unique is that both spouses have equal right to possession, regardless of whose name is on the title.
That means you can’t sell it, rent it, or force your spouse to leave without mutual agreement or a court order.
⚖️ Who Gets to Keep the House?
The answer depends on a few factors:
1. You Both Agree to Sell It
The most common solution is to sell the home and split the proceeds equally after paying off any mortgage, debts, and legal fees. This can provide a clean break and funds for both parties to start fresh.
2. One Spouse Buys Out the Other
If one person wants to keep the home, they may buy out the other’s share. This often involves refinancing the mortgage to cover the payout and qualify for the loan solo.
3. A Judge Decides
If you can’t agree, a family court judge may decide what’s fair based on financials, housing needs (especially if children are involved), and other factors. Keep in mind, this process can be lengthy and costly.
💰 What About Property Division?
Ontario uses a process called equalization of net family property. This means that, in most cases, each spouse walks away with an equal share of the value gained during the marriage.
However, the matrimonial home is treated differently:
Even if one spouse owned the home before marriage, its full value at the time of separation is included in the division.
There are no exclusions or deductions for the matrimonial home if it was your primary residence on the date of separation.
🧾 Other Things to Consider
Can you afford it? Mortgage payments, taxes, maintenance, and utilities add up. Keeping the home may not be financially feasible long-term.
Do you have children? Judges often prioritize stability for minor children, which can influence who remains in the home.
Is there domestic violence involved? Exclusive possession orders can grant one spouse the right to stay in the home for safety reasons.
🤝 How We Can Help
Whether you’re leaning toward selling, staying, or not sure what your next step should be, Divorce is Simple offers clear, compassionate guidance. We’ll help you:
Understand your rights under Ontario law
Negotiate fairly with your spouse
Prepare legal documents and agreements
Move forward with confidence
We serve all of Ontario online, and offer in-person support in Richmond Hill and Burlington. Let us help make your next chapter a little easier.
Book a Free Consultation Today
Let’s talk about your situation and explore your options. Click below to schedule a no-pressure consultation with one of our trusted professionals.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult a qualified family lawyer. This is not intended to be used as advice.
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