Your Rights Under Ontario’s Family Law Act and the Divorce Act
When a marriage ends, one of the most significant concerns is what happens to the matrimonial home. If you and your spouse jointly own the home, you may be wondering whether one spouse can force the other to sell it. In Ontario, the Family Law Act and the Divorce Act provide protections for spouses, ensuring that neither party can be compelled to sell the matrimonial home without proper legal processes.
What is a Matrimonial Home?
Under the Family Law Act of Ontario, a matrimonial home is any property where spouses reside together at the time of separation. It can be a house, condominium, or even a shared apartment. The key distinction of a matrimonial home is that it receives special legal treatment in a divorce or separation.
Understanding the legal framework and your rights in these situations is crucial. A family lawyer in Ontario can guide you through the process, offering insights into how the law protects your interests regarding the matrimonial home.
Right to Possession of the Matrimonial Home
One of the most important protections under the Family Law Act is the right to possession. Regardless of who holds legal title to the property, both spouses have an equal right to live in the matrimonial home until:
- The spouses agree on the home’s sale or transfer.
- A court order is obtained determining possession.
- The divorce is finalized and property division is settled.
This means that even if one spouse solely owns the property, they cannot evict the other spouse without a court order.
Can One Spouse Force the Sale of the Matrimonial Home?
A spouse cannot unilaterally force the sale of the matrimonial home while still married and before a final court decision. If both spouses are listed as joint owners, one spouse cannot sell or mortgage the home without the other’s written consent. Even if only one spouse is on the title, they cannot sell the home without the other’s agreement or a court order due to the protections granted by the Family Law Act.
When Can a Court Order the Sale of the Home?
If spouses cannot agree on what to do with the home, a court may intervene and order its sale. This typically happens under one of the following conditions:
- Equalization of Property – Under Ontario’s Family Law Act, each spouse is entitled to an equal share of the family property acquired during the marriage. If keeping the home is unfairly preventing the equalization process, a court may order its sale.
- Financial Necessity – If both spouses cannot afford to maintain the home and neither can buy out the other’s share, a court may order its sale to fairly divide the equity.
- Best Interests of Children – If children are involved, the court may prioritize their needs and allow one parent to remain in the home, especially if it provides stability and continuity.
What Happens if One Spouse Refuses to Sell?
If one spouse refuses to sell the home despite financial hardship or a court ruling, the other spouse may apply for a court-ordered sale under the Partition Act. However, the court will only grant this if it is deemed fair and reasonable under the circumstances.
Protecting Your Rights – Get Legal Advice
Property disputes during separation can be complicated and emotionally charged. Understanding your legal rights and options is essential when dealing with matrimonial home disputes. By being informed and seeking professional legal advice, you can make the best decisions for your future.
If you are dealing with a disagreement about selling the matrimonial home, it’s crucial to consult with an experienced family law lawyer. At Hashmi Law Group, we have over 15 years of experience helping clients navigate property division and ensuring their rights are protected.
For legal guidance on your rights regarding the matrimonial home, call us at 905-503-1486 or 647-772-8187, or email us at nhashmi.law@gmail.com for a consultation.
We have offices in Toronto and Mississauga. In addition to regular business hours, we offer weekend and after-business-hours appointments if required.
