Deciding whether to move out of the matrimonial home is one of the toughest choices you’ll face — emotionally, practically, and legally. Depending on your case and the unique factors surrounding a particular set of circumstances, leaving the matrimonial home can have a detrimental effect on the outcome of a case and may result in a situation that is to the other party’s favour.
In this post, we’ll explain what the law says, how your decision can affect custody, property rights, and financial responsibilities, and when it might make sense to stay or leave.
What Is the Matrimonial Home?
In Ontario, the matrimonial home is any residence that you and your spouse lived in together as your family home at the time of separation, regardless of whose name is on the title or mortgage.
- The law treats the matrimonial home differently than other property.
- Both spouses have an equal right to possess and remain in the home until a court order or agreement says otherwise.
How Leaving the Home Can Affect Your Case
Leaving the matrimonial home affects individuals when it comes to areas such as custody and access, possession of the matrimonial home, and the financial aspects of the case. For example, if you leave your children in the matrimonial home with your spouse and leave the property, this may have a negative effect on your position when establishing custody and access rights.
When It Makes Sense to Leave
There are however circumstances whereby leaving the matrimonial home is necessary and recommended, such as situations whereby one spouse faces domestic violence, physical, or verbal abuse. In those sorts of situations, for your own protection, as well as for the protection of your children, you may decide that it is best to leave the matrimonial home.
It ought to be noted that it is also possible, depending on the circumstances, to obtain a court order for exclusive possession of the matrimonial home. This will allow you to continue to care for your kids in the home, while an abusive spouse is kept away from you, the children, and the matrimonial home.
What to Do Before You Move Out
The decision to stay or leave the matrimonial home can have important consequences on your family law matter. It is important to consult with an experienced and knowledgeable family lawyer in Ontario to determine the best course of action to take with respect to the decision to stay or leave the matrimonial home.
For more information on issues involving your matrimonial home, and to schedule a consultation with one of our experienced Toronto family law lawyers, contact Krol & Krol at 289.212.0182.
