The Matrimonial Home in Ontario Family Law
Introduction
The term 'matrimonial home' holds a distinct status in Ontario family law. It is essentially a property resided in by spouses as a family at the time of separation. But, it isn’t as simple as it sounds. There are specific criteria that a property must meet to qualify as a matrimonial home. This post will explore the definition of a matrimonial home, what qualifies as such, and give examples of various types of matrimonial homes.
What is a Matrimonial Home?
According to Section 18(1) of the Family Law Act, R.S.O. 1990, c. F.3, a matrimonial home is any property in which a person has an interest and that is, or if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence. This definition implies that the matrimonial home refers to the ordinary residence of the family. However, to qualify as a matrimonial home, the property must meet several other conditions.
Criteria for a Matrimonial Home
The following criteria are essential for a property to qualify as a matrimonial home: it can be any property in which a person has an interest. This could mean ownership or tenancy. The parties must have actually lived in the property as a family for it to qualify. Merely intending to live there in the future is insufficient. The amount of time spent at the property is therefore a crucial factor. Furthermore, only married individuals fit the definition of spouses in this context, not extending to common-law spouses.
Examples of a Matrimonial Home
A matrimonial home can be either real or personal property, including a house, condominium, houseboat, or trailer. It could also involve owning shares that confer the right to occupy a unit owned by a corporation, such as in a co-operative housing development. If the matrimonial home is on land used for non-residential purposes, like a farm, only the land used for residential purposes is deemed part of the matrimonial home. Similarly, if part of the property is used to earn income, then only the part used by the spouses as their residence qualifies as the matrimonial home. Moreover, a recreational property like a cottage may also qualify as a matrimonial home if it is commonly used by the family before separation.
Conclusion
In conclusion, the concept of a matrimonial home in Ontario family law is broad and multifaceted. It extends beyond the mere residence of the family to include various types of properties and situations. However, the fundamental idea remains the same: it is a property that has been home to a family at the time of separation. Understanding these nuances can be crucial in family law disputes, particularly in matters relating to property division and rights of possession.
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