Divorce or separation can be a challenging time in anyone’s life, and understanding your rights regarding the sale of the matrimonial home is crucial. In Ontario, the concept of the matrimonial home carries significant legal weight, impacting both parties involved. If you’re navigating through a separation or divorce, it’s essential to understand what the matrimonial home is and what rights you have in this situation.
What is a Matrimonial Home?
A matrimonial home is the property where a married couple lives together. It could be a house, condominium, or any other type of dwelling that the couple designates as their family home. In Ontario, the Family Law Act grants special status to the matrimonial home during a marriage, regardless of who paid for the home or whose name is on title.
Rights During Separation or Divorce
1. Equal Right to Occupy
Both spouses have an equal right to live in the matrimonial home, regardless of who holds legal ownership. This right continues even if one spouse moves out voluntarily.
2. Right to Share in the Value
Upon separation or divorce, the value of the matrimonial home is subject to division between spouses, regardless of whose name is on the title. In fact, in the Agreement of Purchase and Sale, there is a signature required for Spousal Consent.
3. Exclusion Orders
In certain circumstances, a spouse may seek an exclusion order to force the other spouse out of the matrimonial home. This is typically granted in cases of violence or other extreme circumstances where living together is untenable.
4. Possession Orders
If there’s a dispute about who gets to live in the matrimonial home during separation or divorce proceedings, the court may issue a possession order. This determines which spouse can live in the home and for how long, often until the final resolution of the divorce.
5. Showings
The property must be kept clean and available for showings during reasonable times. There can me more than one real estate agent involved if both parties can’t agree and each hire their own.
Seeking Legal Advice
Navigating the complexities of selling a home during a separation or divorce, especially concerning the matrimonial home, can be overwhelming. Seeking legal advice from a knowledgeable family law lawyer in Ontario is crucial to understanding your rights fully and ensuring a fair resolution.
Conclusion
As a woman going through separation or divorce in Ontario, you have the right to occupy and share in the value of the home, along with legal protections if the situation becomes challenging. Remember, knowing your rights, having an experienced Realtor and seeking legal guidance is key to navigating this process successfully and securing your rights during this transitional period in your life.
ROBYN YACK | Real Estate Salesperson
Right at Home Realty
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