What is a "matrimonial home"?
The matrimonial home is the legal term used to describe the family home in which you and your spouse are living at the time of separation. Unless spouses have a marriage contract setting out what happens to the matrimonial home, the special rules set out in the Family Law Act will apply. These special rules are especially important if one spouse owned the home before the marriage and it continues to be a matrimonial home at the time of separation. If you and your spouse own more than one home, each home may be considered a “matrimonial home”. A second home can include a cottage or chalet or simply another home in another place. If you and your spouse regularly use more than one home together, then each can be considered a matrimonial home.

Special rules for the “matrimonial home”
Regardless of actual ownership, each spouse is regarded as having an equal interest in the “matrimonial home” which is defined as a family residence ordinarily occupied by the spouses at the time of separation. Even if one spouse owned the matrimonial home before the marriage, the value of the home still has to be divided with the other spouse upon separation if that home was occupied as a matrimonial residence as of the time of separation. If the spouses owned more than one matrimonial home, the value of each of these homes must be allocated equally to the spouses as of the time of separation if these properties were ordinarily occupied as matrimonial residences.

Getting advice
If you are uncertain about any of your rights when you separate or divorce, you should consult a lawyer for specific legal advice.