MATRIMONIAL HOME

The family home is a special place and the law treats it as such.  If you are married, both you and your spouse have an equal right to stay in your home, even if only one of you is a legal owner.  Neither spouse can rent it, sell it, or mortgage it without the other spouse’s consent.  This is true even if only one of the spouses owns the matrimonial home.

A matrimonial home brought into marriage will be subject to equalization.  So will a matrimonial home received as an inheritance or gift from a third party during a marriage.

The definition of a matrimonial home is broad.  Married couples can own more than one matrimonial home.  Often properties such as cottages, trailers, and second homes are considered matrimonial homes.