Matrimonial Home Asset Division

While most property and assets are split evenly during the division of assets, matrimonial homes can be treated differently during divorce. If you and your spouse are separating, contact an experienced family lawyer to better navigate more complicated division of assets cases like the matrimonial home. 

At Karrass Law, our team of family lawyers and civil litigation lawyers specialize in the complex division of assets. Our expertise ensures you get what you’re rightfully entitled to. 

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What is the Matrimonial Home?

Matrimonial homes are properties that a married couple owns or resides in during the course of the marriage. Both spouses don’t have to be the legal owners of the property for the residence; your matrimonial home is just the property that both spouses reside in on the date of separation. Because these homes typically hold significant financial and sentimental value, their division often becomes contentious and challenging in divorce proceedings. 

The matrimonial home is a special property category in Ontario, and as such, it has important legal protections and implications in the event of separation. If you’re in the process of dividing your assets, contact our family lawyers in Ontario at Karrass Law. We will provide better insight into your legal rights to the matrimonial home and will help you fight for what you deserve.

Factors that Affect the Division of Your Home

In Ontario, both spouses have a legal claim to the matrimonial home regardless of ownership status or how it was acquired. However, there are some exceptions to this rule that you can navigate expertly with the esteemed civil litigation lawyers and family law experts at Karrass Law.

• Court Orders: Courts can grant one spouse exclusive possession of the matrimonial home, especially in cases involving domestic violence or the best interests of children.
• Separation Agreements: Agreements between spouses, including pre-nuptial and post-nuptial agreements, set specific terms for dividing and possessing the matrimonial home, which can override general rights.
• Duration of Marriage: Very short marriages may not warrant the same legal rights during divorce in Ontario. The division of assets may vary depending on the length of the marriage.
• Contributions to the Home: Contributions by either spouse to the improvement or maintenance of the home can also be factored into how the matrimonial home is divided. 
• Children’s Welfare: The best interests of any children involved are critical in deciding who retains possession of the home after division and virtually all family law decisions in Ontario courts. 
• Ownership by a Third Party: If a third party, like a family member of one spouse, owns the home, it can affect the rights of the spouses.

Fight For Your Rights to the Matrimonial Home with Karrass Law

Not all properties are treated equally during separation in Ontario. If you’re trying to manage a challenging division of assets, trust our family lawyers. Our experience with the division of assets and litigation allows us to better understand your situation and support your best interests. Robert Karrass and the entire Karrass Law team are dedicated to providing the support and advocacy you need during this challenging time.

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