The Matrimonial Home and Property Rights
When navigating the complexities of a marital breakdown, understanding the legal landscape is a crucial step. One area that often causes confusion is the concept of the matrimonial home and related property rights under Ontario's Family Law Act (FLA).
The Matrimonial Home: A Special Case
According to the FLA, the matrimonial home holds a unique position. While it's included under Part I of the FLA, dealing with net family property, it also has a special section dedicated to it - Part II. This section outlines rights which are exclusive to matrimonial homes within Ontario.
The Power of Designation
Spouses can designate one of their properties as a matrimonial home, to which Part II rights attach, allowing other properties to be dealt with according to ownership. However, if only one spouse places a matrimonial home designation on a property, any other property that qualifies as a matrimonial home under Part II remains as such.
Sale and Encumbrance of the Matrimonial Home
The matrimonial home cannot be sold or encumbered without the written consent of the other spouse, regardless of how the title is held. In the absence of written consent, the sale or mortgaging may be set aside by a court.
Exclusive Possession of the Matrimonial Home
The FLA empowers the court to award exclusive possession of a matrimonial home to either spouse, even a non-owning one. This can be done on both a temporary and permanent basis. It's important to note, however, that until an order for exclusive possession is granted, the remaining spouse cannot exercise the rights of exclusive possession.
Occupation Rent and Out-of-State Homes
In cases where the matrimonial home is jointly owned but used exclusively by one party, the other can claim occupation rent.
It's also important to note that the FLA only applies to matrimonial homes situated in Ontario. Therefore, if a spouse has an interest in a property outside of Ontario that was ordinarily occupied by the spouses as their family residence at the time of separation, Part II of the FLA does not apply.
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