In the early stages of separation or divorce proceedings, one pressing question you may ask yourself is “what are my rights if I leave the matrimonial home?” Although moving out of the matrimonial home does not affect your ownership rights, it can have other unfortunate consequences.
Divorce and Legal Separation Process
If you decide to leave the matrimonial home, the divorce and separation process can be affected in several ways. Leaving the home doesn’t necessarily mean giving up your rights to it, but there can be impacts on custody and access to children, as well as on financial matters.
Ownership and Possession
In Ontario, a matrimonial home is any residence (owned or rented) that a spouse is living in on the date of separation.. Both spouses have an equal right to possess this home, regardless of whose name is on the title or mortgage. This means that, in Ontario, neither spouse can be forced to leave without a court order.
There are significantly complicating factors about possession in circumstances of domestic violence including but not limited to safety concerns for a victim of family violence, and the potential for the person who inflicts the violence to be kicked out of the home via no-contact conditions if criminal charges are laid.
Exclusive Possession Rights
Exclusive possession can be granted by a family court, meaning one spouse can live in the house and the other spouse must lease. The court will consider various factors, including the best interests of any children, financial positions, and possible family violence.
Handling Joint Finances
Moving out involves dealing with joint financial matters. Key areas include mortgages, leases, joint bank accounts, utilities, and other shared financial responsibilities.
- Mortgages and Leases: You remain responsible for mortgage payments or lease agreements unless a legal separation agreement states otherwise.
- Joint Bank Accounts: It’s important to address how these accounts will be managed or divided to avoid misuse.
- Utilities and Property Taxes: Existing agreements should be reviewed, determining who will cover ongoing costs such as utilities and property taxes.
Experienced Legal Support In Your Corner
While leaving the marital home in the midst of the separation does not forfeit your rights to the property, it can have far-reaching consequences on many other parts of your divorce process.
At Alves Law, we prioritize your rights and interests. We dedicate time to thoroughly understand your unique situation and objectives, we offer personalized legal solutions tailored to your needs. Whether you need a divorce lawyer, a property division lawyer, or want to seek legal advice for any other family law matter, our team is here to help. Contact us to schedule your initial consultation and explore the best course of action for your circumstances.
Frequently Asked Questions
What is a Matrimonial Home According to the Family Law Act?
Under Section 18(1) Family Law Act, a matrimonial home is defined as any family residence that either spouse has an interest in and that is, or was at the time of separation, ordinarily occupied by the person and their spouse as their principal residence.
The term “ordinarily occupied” indicates the home must be used regularly by the spouses. This designation can also, in some cases, be applied to cottages the family uses during the summer months.
Does Leaving the Matrimonial Home Affect Ownership Rights?
Leaving the matrimonial home does not strip you of your ownership rights. If you are a co-owner of the matrimonial home, you are not stripped of these rights if you choose to live elsewhere.
Can I Come Back if I Leave?
Yes, you can return to the marital home after leaving, unless there are specific legal restrictions, like court orders. Both spouses have equal rights to the matrimonial home under the Family Law Act even if one spouse has left for a period of time.
What legal steps can I take if my spouse refuses to leave the matrimonial home?
If your spouse refuses to leave, you will need to seek a court order for exclusive possession. This legal step can provide temporary control of the home while resolving other issues.
