Who Gets the House in an Ontario Divorce? Your Complete Guide
- Divorce is Simple
- 4 days ago
- 3 min read
The Matrimonial Home: Why It Matters in an Ontario Separation
For most couples, the biggest question during separation is simple — who gets the house?
In Ontario, the matrimonial home has special legal protections under the Family Law Act, and those rules often surprise separating couples.
Whether you’re married, separated, or exploring mediation in Burlington, Oakville, or Toronto, understanding your rights helps you make calm, confident decisions.
What Counts as a “Matrimonial Home”?
In Ontario, a “matrimonial home” is any property that:
You and your spouse lived in at the time of separation, and
Was used as a family residence.
This can include:
✔ A house
✔ Condo
✔ Cottage
✔ Shared family property, even if only one spouse is on title
Do We Split the House 50/50 in Ontario?
Yes — in most cases.Ontario uses equalization of net family property, which means you each walk away from the marriage with equal net worth, not necessarily half of every asset.
Key point:
You don’t “split” the house — you split the equity after debts.
What If Only One Spouse Is on the Mortgage or Title?
Many people assume the person on title “owns” the home.
Not true.
Under Ontario family law:
Both spouses have a right to possess the matrimonial home
Title does not determine equalization
The home’s equity is shared regardless of whose name is on the deed
Options for the House During Separation
1. One spouse buys out the other
Using equity, refinancing, or assets.
2. Sell the home and divide proceeds
Often the clearest solution.
3. Keep the home temporarily
Common when raising children.
4. Co-own for a set period
While waiting for market conditions or financial readiness.
How Mediation Helps Couples Decide
In mediation, both spouses can discuss:
Affordability
Credit scores
Children’s needs
Emotional connection to the home
Practical timelines
A mediator helps you make decisions based on logic and fairness, not conflict.
People Also Ask
Who gets the house in an Ontario divorce?
Usually, the home’s equity is shared through equalization, regardless of title. Couples may sell the home or negotiate a buyout through mediation.
Is the house split 50/50 in Ontario?
Yes. Ontario law requires equal division of net family property, meaning the value of the home is part of that calculation.
Can one spouse force the other to sell the house?
Not without consent or a court order. Mediation helps couples reach a mutual agreement without court involvement.
Do we need lawyers to decide who gets the house?
You don’t need separate lawyers during negotiation, but you do need independent legal advice for your signed separation agreement.
Considering separation?
Divorce Is Simple offers full-service mediation for Burlington, Oakville, Toronto, and all Ontario couples — online or in-person.
Separation is hard — but the process shouldn’t make it harder. At Divorce is Simple, we believe in a calm, structured, and supportive path that helps you move forward with confidence.
If you’re ready to start or want to learn more, we’re here to help.
👉 Book a consultation today
👉 Ask us which package is right for your situation
👉 Take advantage of our current offer of $500 off per couple until December 31st
Your new beginning doesn’t have to be complicated. Divorce is Simple — and we’re here to guide you the whole way.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal or financial advice. For specific legal guidance, please consult a qualified family lawyer. This is not intended to be used as advice.
Divorce mediation toronto
getting divorce in toronto
affordable divorce toronto
divorce mediator toronto