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Matrimonial home is the property that a married couple ordinarily occupies as their family residence, which receives special statutory protection under provincial family law — in Ontario, both spouses have an equal right to possession regardless of whose name is on title.
Under section 18 of Ontario's Family Law Act, the matrimonial home is any property the spouses ordinarily occupied as their family residence — or did, at the time of separation. More than one property can qualify: a cottage the family used regularly alongside their primary residence can also be a matrimonial home. Critically, a spouse cannot mortgage, sell, or otherwise encumber the matrimonial home without the other spouse's written consent, regardless of whose name is actually on title.
That means a lender or lawyer will require a non-titled spouse's signature on the mortgage or discharge, often alongside independent legal advice, before a deal involving the matrimonial home can proceed. Other provinces protect a family or marital home in broadly similar but not identical ways, and Quebec's civil law applies its own family patrimony rules, so brokers should confirm the applicable provincial requirement rather than assume Ontario's rule applies everywhere.
Ontario's Family Law Act, s.18: defines the matrimonial home as any property ordinarily occupied by the spouses as their family residence at the time of separation, and it applies only to property located in Ontario.
Both spouses' consent is required: regardless of whose name is on title, a spouse cannot mortgage, sell, or otherwise encumber the matrimonial home without the other spouse's written consent.
More than one property can qualify: a seasonal property such as a cottage that the family used regularly can also be a matrimonial home alongside the primary residence.
Similar but distinct rules elsewhere: other provinces protect a family or marital home in analogous but not identical ways, and Quebec's civil law uses its own family patrimony rules, so brokers should confirm the applicable provincial requirement rather than assume Ontario's rule applies everywhere.
Definitions reflect Canadian federal and provincial rules as of the “Updated” date above. Not advice for any specific file.
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