Rights to a Matrimonial Home During a Divorce in Ontario
Introduction
Divorce is a complex process that often involves the division of property and the determination of who gets to stay in the matrimonial home. In Ontario, it's crucial to understand that the Family Law Act gives both spouses equal rights to the matrimonial home. This post will discuss the rights to a matrimonial home during a divorce process, focusing on the concepts of 'Title and Ownership', 'Exclusive Possession', and 'Right of Possession'.
Title and Ownership Have No Bearing on Possessory Rights
One common misconception during a divorce is that the spouse who holds the title or ownership of the matrimonial home has exclusive rights to it. However, section 19 of the Family Law Act highlights that a spouse does not require title to the matrimonial home to claim exclusive possession. Even if the matrimonial home is owned by one spouse, the non-titled spouse retains the right of possession against the titled spouse until the parties cease to be spouses, unless otherwise stated in an agreement or order.
Exclusive Possession of the Matrimonial Home
In certain situations, a spouse may obtain exclusive possession of the matrimonial home, even if they do not have legal title to it. This could be facilitated by a final or temporary order under section 24(1) of the Family Law Act. This usually occurs in high-conflict divorce cases where it is not feasible for both spouses to occupy the home simultaneously. It is important to note that the court can grant an order for exclusive possession whether the home is owned or rented.
Right of Possession Does Not Confer Ownership
While a spouse may be granted exclusive possession of the matrimonial home, this does not equate to ownership. The spouse who is ordered to leave the home retains their ownership rights. The spouse with exclusive possession cannot sell or dispose of the home without the other spouse's consent. Furthermore, they may be responsible for the upkeep and maintenance of the home. Thus, the right of possession does not confer rights of ownership.
Conclusion
Understanding the rights to a matrimonial home during a divorce in Ontario can be complicated. It's crucial to remember that both title and ownership do not impact possessory rights, a spouse can obtain exclusive possession, and the right of possession does not confer ownership or alienation rights. These complexities underscore the importance of seeking expert legal advice in the event of a divorce.
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