Matrimonial Home
There are special rights and obligations that attach to a matrimonial home. A matrimonial home is defined in the Family Law Act as the home that was at the time of separation ordinarily occupied by the family. The spouses have to be married for a home to qualify as a matrimonial home.
Other houses or cottages used at the time of separation may also be a matrimonial home. There can be more than one matrimonial home. A matrimonial home includes a portion of the surrounding land that is reasonably necessary for use and enjoyment of the matrimonial home.
Designation as a matrimonial home means each spouse is entitled to possession of the matrimonial home. You cannot get sole or exclusive possession of a matrimonial home without an agreement or court order.
Signed and informed consent is necessary to dispose of or encumber an interest in the matrimonial home. An encumbrance would include a mortgage of the property. The Family Law Act states that if an interest in a matrimonial home is disposed or encumbered without the consent of both spouses, the transaction may be set aside unless the person purchasing the interest or encumbrance acquired it for value in good faith and without notice the property was a matrimonial home.
Possession of the matrimonial home may be an important issue in determining the custody of children since a Court may hesitate to remove children from familiar surroundings. Therefore, possession of the matrimonial home may be a factor in the custody dispute in favour of the parent with possession.
If you have any questions about Family Law, please do not hesitate to contact Brad Smith at (807) 625-8891 or email him or another member of our Family Law Group at:
| Paul Jasiura | (807) 625-8881 | email wmnlaw%23com|pjasiura |
| Deborah Humphreys | (807) 625-8894 | email wmnlaw%23com|dhumphre |
| Brad Smith | (807) 625-8891 | email wmnlaw%23com|basmith |
| Fhara Pottinger | (807) 625-8877 | email wmnlaw%23com|fpotting |
