Definition of Matrimonial Home

Under Family Law, the definition of a matrimonial home is the home or dwelling that is ordinarily occupied as the primary family residence and where more than one spouse (or common-law spouse) has a property interest.

Why is this term important?

Matrimonial homes are considered an asset when it comes to legal proceedings. As the home “ordinarily occupied” by a family (which constitutes of spouses, common-law spouses and dependents under age 18). Matrimonial homes are not limited to houses but can be condominiums, cooperatives, cottages and any habitable dwelling. Both spouses do not have to be on title to a property to have an equal share in the matrimonial home, as Family Law dictates that the matrimonial home is given special consideration when a family unit is dissolved.

Examples of term

If a husband and wife separate after living in a condo-apartment together, this condo is considered the matrimonial home, even if only one spouse is on the title to the property.