The concept of the matrimonial home always troubles people. Some of them confuse the matrimonial home with the family home, while some aren’t aware of it at all.
Jane Mukongolo, the best family lawyer in Toronto gives you every insight into the matrimonial home. Keep reading!
What does a matrimonial home mean?
Let’s start from zero! What does a matrimonial home mean? As per section 18 of the family law act, the property in which any of the spouses has an interest or was occupied by his/her spouse at the time of separation is termed a matrimonial home.
Next, the matrimonial home isn’t the same as a family home. You must know that only married couples can have a matrimonial home. Unmarried parties, including those who are still in a common-law relationship, don’t qualify for a matrimonial home.
Additionally, it’s completely lawful if spouses have more than one matrimonial home. The only important thing here is that the spouses must be regularly spending time in the property as a family.
What qualifies as a matrimonial home?
Next, what qualifies as a matrimonial home? Firstly, the residence must be in Ontario. Residences outside Ontario are considered as normal real estate, and they by no means qualify as a matrimonial home.
It doesn’t matter if the home is owned or leased by one or both spouses, but both the spouses must have spent some time as a family in that house.
Everything like the detached home, townhouse, cottage, or farm, can be included in the matrimonial home.
What is the protection given to the matrimonial home?
No spouse can sell the matrimonial home until the other spouse gives consent for the same or agrees to the fact that he/she doesn’t acquire any right over the matrimonial home. Yes, the spouse can do it if he/she has received special orders from the court, which are released only under extreme circumstances. In this case, the consent of another spouse won’t come into the picture.
Hence, if you really want to sell the matrimonial home, ensure that the other spouse agrees to the same, or else go to the court, give valid reasons, and receive special orders from the court. Selling the matrimonial home otherwise is a serious crime and might land you in serious legal trouble.
Who possesses the right on the matrimonial home?
Section 29 (1) suggests that both spouses have equal rights in the matrimonial home. If one spouse possesses ownership of the house, the right of the other spouse is a personal right against the first spouse, and the order of the court can alter the things here.
However, the court might release a temporary order stating the spouse to vacate the home. Though, it is quite rare. It only comes into the picture when any spouse goes with any form of violence.
If any of the spouses isn’t indulged in any such violence, or if there are no special court orders, both spouses have equal ownership on the matrimonial home.
Considerations taken by the court
So, what are the considerations taken by the court before passing any sort of order? Jane Mukongolo, the best family lawyer in Toronto answers this question below. Read it out.
- Financial conditions of the spouse
- Agreement between both spouses
- What’s the best interest of the child?
- The behaviour of the spouse
- The extent of the impact of the order on both spouses
- Any previous orders released
The matrimonial home is always confusing, but the above insights will definitely give you clarity about the same. The court provides strong protection to the matrimonial home, which ensures that the rights of both parties are maintained, and everything is completely fair.
If you want more information about the matrimonial home, or if you are looking for any sort of legal assistance regarding the matrimonial home, you can rely on Jane Mukongolo, a top-rated family lawyer in Toronto. Our highly efficient team ensures that you get the best legal services & guidance. To reach out to our experts, connect with us at (647) 660-9832.
