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A matrimonial home is not simply the house in which a married couple lives. In Ontario, it is afforded special treatment under the Family Law Act.
Let’s have look at why the matrimonial home is such a hot topic during a separation or divorce:
#1 Spousal Consent is Always Required
Neither spouse is permitted to sell, mortgage or otherwise, encumber the matrimonial home without the other spouse’s knowledge and consent - be it during a marriage or post-separation, even if only one spouse’s name is on the title.
If you and your spouse cannot agree on what to do with the matrimonial home, one party may apply to the court and request an order for partition and sale.
If your name is not on the title and you fear that your spouse will try ...