9 Things You Should Know About Selling a Matrimonial Home

One of the most common reasons for selling a home is because the owners are divorcing. It is estimated that nearly 40% of marriages in Canada end in divorce. No one enters into a marriage thinking it won’t last, but the reality is that people change over time and what they want from their partner can change as well.

When a couple decides to end their marriage, the Family Law Act, R.S.O. 1990. c. F.3 governs most decisions about splitting assets, support payments and so on. One of the most significant assets is the home the couple shared, known as the ‘matrimonial home.’ The Family Law Act is very specific about how the matrimonial home is dealt with in separation, and ultimately, divorce.

What You Should Know About Selling a Matrimonial Home in Ontario

1.     Regardless of who owned the home before the marriage, it becomes the matrimonial home when the couple marries, and the value of it must be shared equally if the couple splits.

2.     It doesn’t matter whose name is on title – yours, your spouse’s or both of you – the law says you both have the right to equal possession of the matrimonial home.

3.     Sometimes there is more than one matrimonial home. A weekend property can be a second matrimonial home if it meets the definition of a residence owned and “ordinarily occupied” by the couple at the time they separate.

4.     Each spouse has an equal right to possession of the matrimonial home during the marriage and after separation until either a separation agreement is reached or exclusive possession has been granted to one spouse by a judge’s order.

5.     Separation or exclusive possession doesn’t give the spouse living in the home the right to change the locks, sell or otherwise dispose of belongings, mortgage the home or rent out the home without the other spouse’s permission.

6.     Separation or exclusive possession doesn’t mean the spouse living away from the home can’t come into the home. He or she can enter the home as long as proper notice is given to the spouse living there, unless a court order forbids it.

7.     Selling a matrimonial home requires the consent of both spouses; otherwise the spouse wanting to sell must obtain a court order.

8.     Either one of the spouses can, with the other’s agreement, buy out the other’s share in the home and continue to live there.  This will mean qualifying for and assuming responsibility for any mortgage on the property.

9.     In Ontario, a home shared by a couple living together or common-law does not meet the definition of a ‘matrimonial home’ and is not necessarily subject to equalization after a separation.

 

If you are selling your matrimonial home due to your marriage ending, its best to choose a REALTOR® with experience in divorce cases. The REALTOR® will work with both spouses and directly with the family lawyer (if necessary) to ensure the process runs as smoothly as possible. In a situation that may be highly emotionally charged, having a calm and caring real estate sales representative can be a huge stress reliever.

 

If you have any questions or would like to speak to me about the sale of a matrimonial home, please email me at Stephanie.hebb@royallepage.ca.

 

 

Disclaimer:

The information contained on this website is not legal advice. It should not be construed as legal advice and should not be relied upon as such. Reviewing this website should not be viewed as having sought professional advice, but rather as obtaining general information which should not be relied on.