Matrimonial Home Possession Rights in Ontario

In Ontario, both married spouses generally have an equal right to possess the matrimonial home, regardless of who holds legal title to the property. This means one spouse cannot simply force the other out because the home is registered only in one name.

When the court is asked to decide issues relating to possession of the matrimonial home, it may consider factors including:

• the best interests of the children affected;
• any existing orders relating to equalization or support;
• the financial position of both spouses;
• any written agreement between the parties;
• the availability of alternative suitable and affordable accommodation;
• violence committed by one spouse against the other spouse or the children;
• the potential disruptive effect that a move may have on the children; and
• the children’s wishes.

A spouse who is wrongfully excluded from the matrimonial home may have remedies available through the court.

If it is the first offence, the offending spouse may be liable for a maximum fine of $5,000 and up to 90 days in jail. If it is a second or subsequent offence, the offending spouse may be liable for a maximum fine of $10,000 and up to 2 years in jail.