20 YES and NO’s About The Divorce and The Matrimonial Home

1. NO It doesn’t matter who’s name is on title. If you both lived there before the date of separation it is the matrimonial home.
2. NO You cannot change the locks. Typically, both spouses have an equal right to possession of the matrimonial home after separation.
3. YES Once your spouse moves in, the house is instantly considered the matrimonial home. It doesn’t matter if you bought the house before you were married.
4. NO You don’t get credit for the value of the matrimonial home before marriage. The matrimonial home is given special treatment and you cannot deduct the pre-marriage property value, as you would with other assets. 
5. YES You are responsible for the mortgage, even if you don’t live there. If your name is on the mortgage you need to ensure it gets paid.
6. YES Inheritance is exempt UNLESS you put the money into the matrimonial home.
7. NO Your ex-spouse will not be paying your mortgage after you divorce. You may receive support, but you will need to qualify for your own mortgage.
8. NO Your spouse is not required to repay the gifted down-payment money that your parents gave you. You can try to negotiate it with your spouse, but the courts will not legislate it.
9. YES You will pay land transfer tax if you buy out your spouse’s share of the matrimonial home, UNLESS you have a proper separation agreement in place.
10. YES If you owned more than one home (or a cottage etc) it may also be considered a matrimonial home.
11. YES The matrimonial home is always divided unless you have a marriage contract that deals with the matrimonial home differently.
12. YES If there is domestic violence happening in your home you can apply to the courts for an order for exclusive possession. Obtaining an order will require your spouse to live somewhere else.
13. NO An order for exclusive possession does not affect your ownership rights. Such court orders do not decide who owns the property.
14. NO An order for exclusive possession is usually temporary, and is intended to give you time to complete your separation agreement.
15. YES In most cases, children are allowed to live in the matrimonial home.
16. NO If you are Common Law you do not automatically have the same rights with regards to a matrimonial home. In Common Law, whoever’s name is on the title owns the home.
17. NO You are not allowed to mortgage, refinance or place a line of credit on the matrimonial home without your spouse’s written consent.
18. NO: A property that was gifted to you, or inherited is NOT exempt from division. If you and your spouse lived there, it is considered the matrimonial home and will be divided between you both.
19. YES If can’t agree on what to do with the matrimonial home, you may apply to court for an order of partition and sale. If granted, the court will order the house to be sold and the proceeds to be split.
20. NO There is no right of first refusal within Ontario family law. If the house is ordered to be sold, the party wishing to stay in it, must bid on the open market with all other buyers.