Our House Is in My Husband’s Name: What Are My Rights?

One of the most common questions we hear from clients is: “If the house is in my husband’s name, do I still have rights to it?” It’s a fair concern—especially when the family home is often the largest asset a couple owns. The good news is that in Ontario, your rights are not automatically lost just because your name isn’t on the title.

Understanding the “Matrimonial Home”

Under Ontario’s Family Law Act, the family residence where you and your spouse live together is considered the matrimonial home. This designation gives both spouses special rights—regardless of whose name is on the deed or who pays the mortgage.

Some key points to know:

• Equal possession: Both spouses have an equal right to live in the matrimonial home until the divorce is finalized or a court orders otherwise. Your spouse cannot simply force you out, even if the property is only in his name.

• Restrictions on sale: The home cannot be sold, rented, or mortgaged without the written consent of both spouses. This protects you from losing your home without notice.

Division of Property in Ontario

When a marriage ends, Ontario law uses an equalization of net family property system. This means:

• Each spouse calculates their net worth (assets minus debts) on the date of separation.

• The spouse with the higher net worth usually pays half the difference to the other.

Because the matrimonial home is treated differently from other assets, its value is included in this calculation, but there are no deductions allowed for owning it before marriage. That means if your husband owned the house before you married, he does not get credit for bringing it into the marriage.

The full value of the home is shared in the equalization process.

Your Rights to Stay in the Home

Even if your marriage is breaking down, you cannot be evicted just because the house is in your spouse’s name. You have the right to stay in the matrimonial home until:

• You both agree otherwise,

• A court grants exclusive possession to one spouse, or

• The property is legally transferred or sold.

Exclusive possession can be granted if there are serious issues, such as domestic violence or if it’s deemed in the best interests of the children.

Key Takeaways

• You do have rights to the matrimonial home, even if the title is in your husband’s name.

• The home cannot be sold or refinanced without your consent.

• The full value of the matrimonial home is shared in property division, even if your spouse owned it before marriage.

• You have the right to stay in the home until a legal decision or agreement changes that.

How Divorce is Simple Can Help

At Divorce is Simple, we guide you through Ontario’s family law process with compassion and clarity. Our all-inclusive packages cover mediation, financial disclosure, and legally binding separation agreements—helping you protect your rights while avoiding the stress and expense of court.

👉 Ready to understand your options? Book a free consultation with our team today.