Why get married? It is a fair question, especially for couples who have been together for years and already share a home, finances, and a life together.
In Ontario, married and common-law spouses may have similar rights and obligations in some areas, including child support and, in many cases, spousal support. However, when it comes to property rights, the law treats married and common-law spouses quite differently. One of the clearest examples is the treatment of the matrimonial home. For many couples, that difference can have significant legal and financial consequences if the relationship ends.
What is a matrimonial home?
Under Ontario law, a matrimonial home is generally a property that spouses ordinarily occupy as their family residence at the time of separation. A couple may, in some circumstances, have more than one matrimonial home. For example, if they regularly live in both a primary residence and a cottage, or in a home in Ontario and a seasonal property elsewhere, more than one property may qualify.
The matrimonial home is treated differently from most other assets. Even where only one spouse owned the property before marriage, that property can still become a matrimonial home if it is ordinarily occupied by both spouses as the family residence. That distinction matters because married spouses have important statutory rights relating to a matrimonial home that do not automatically apply to common-law spouses.
Why is the matrimonial home treated differently?
When married spouses separate, property is not usually divided by simply splitting each asset in half. Instead, Ontario uses an equalization process that compares the spouses’ net family property.
The matrimonial home is unique within that framework. If a property is a matrimonial home on the date of separation, the spouse who owns it may not be able to deduct its value as of the date of marriage when calculating net family property. In practical terms, that can significantly affect the equalization calculation.
For example, if one spouse bought a home before the marriage and the couple later lived there together as their family residence, that spouse may not receive credit for the home’s date-of-marriage value if it remains the matrimonial home at separation. This can lead to a much different result than with other premarital assets.
Does title decide everything?
Not necessarily. Ownership is still important, but title is not the whole story. Married spouses can have possessory rights in a matrimonial home even if only one spouse is on title. This means one spouse cannot simply force the other out without legal authority, such as a court order or an agreement.
That often comes as a surprise to people who assume that the person on title has complete control over the home.
What about common-law spouses?
This is where many people misunderstand the law.
In Ontario, common-law spouses do not automatically have the same statutory property rights as married spouses. While support claims may still arise in the appropriate circumstances, common-law spouses do not benefit from the same equalization regime or the same possessory rights in a matrimonial home under the Family Law Act.
As a result, a person in a long-term common-law relationship may still have no automatic interest in a home that is legally owned by the other partner, even if they lived there for years. Depending on the facts, other legal claims may sometimes be available, but the rights are not the same as those of married spouses.
Can spouses make their own agreement?
Yes. Couples can enter into a marriage contract or cohabitation agreement to address property rights and, in some cases, support obligations.
A properly prepared domestic contract can clarify what will happen if the relationship ends, including how a home or other assets will be dealt with. These agreements can be extremely helpful in avoiding uncertainty and future disputes.
That said, domestic contracts must be approached carefully. Each party should fully understand the terms, make proper financial disclosure, and obtain independent legal advice. An agreement that is unfairly negotiated or based on incomplete information may later be challenged.
Why this matters
No one enters a marriage expecting it to end. However, understanding the legal consequences of marriage — especially where property is concerned — is an important part of informed decision-making.
For some couples, marriage may not change much in day-to-day life. Legally, though, it can significantly change each spouse’s rights in relation to the home and other property if the relationship breaks down.
If you are getting married, living with a partner, or have questions about how Ontario family law applies to your situation, obtaining legal advice early can help you make informed decisions and avoid costly surprises later.
Our family law team provides advice on marriage contracts, cohabitation agreements, separation issues, and property rights. Contact us today to arrange a consultation.