Matrimonial Home Toronto

For married couples, both spouses have an equal claim to the Matrimonial Home’s possession. It doesn’t matter which spouse’s name appears on the title as the owner. However, the question of whose name is on the title is crucial. Unless both parties agree or a judge decides differently, only the party whose name is on the deed to the matrimonial home will be entitled to possess it once the marriage has ended. But the non-owner spouse would still receive half the value of the Matrimonial Home on the date the parties parted when the marital property was determined and divided. No matter who has his name on the title, both parties have an equal right to possess the matrimonial home while still married. However, either party may file a motion with the appropriate Court asking for an order granting Exclusive Possession of the matrimonial home. The Court will assess this thoroughly before granting or denying such a motion, including the behavior of the parties—such as family violence—and what would be in the children’s best interests.

The laws mentioned above do not apply to people who were never married but have lived together as common-law spouses. However, the equitable theories known as Resulting and Constructive Trusts allow these couples to claim property interests. When one common-law spouse contributed money to buy the property, and the pair agreed to title the property in the name of the other common-law spouse, a Resulting Trust may be acknowledged.