What is a matrimonial home?
The family home is considered by the legislature to be a special asset that has a higher significance for all family members. As such, property is defined as the matrimonial home if:
- the parties living in the residence are married;
- at least one of them has an interest in the residence; and
- they are in ordinary occupation, or if cohabitation has ceased, they were in ordinary occupation at the time of separation.
In determining whether a home is ordinarily occupied, the courts do a flexible and contextual analysis.
There is special treatment of the matrimonial home under the law. The full value of the matrimonial home is typically shared at separation, regardless of who owns the home. There is no deduction for the marriage date value of the matrimonial home if it is still the matrimonial home on the date of separation. There is no exclusion for a matrimonial home acquired by inheritance or gift from a third party. Neither party can sell, give away or mortgage a matrimonial home without the express written consent of the other party regardless of which party holds title to the property.
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