Caution:  This page contains ONLY GENERAL LEGAL INFORMATION. 
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer
and getting legal advice about your case.    
The law can be complicated and the details of a case can be even more complicated! 
There are exceptions for every rule. 

 

What you do not know can harm you.  Do not rely on general legal information.

AT YOUR OWN RISK.

MATRIMONIAL HOME

Matrimonial Home
There are special rules regarding a matrimonial home.  A "matrimonial home" is a property that:

  • one or both spouses have an legal interest in (regardless of how or when acquired); and

  • the spouses occupied as a family residence at the date of separation.

 

There may be more than one Matrimonial Home.  While usually it s land and a building that is owned, it can include a rental lease (usually of little value) or a trailer or even a boat.

 

Without the other spouse's consent or a court order, neither party may lawfully do any of the following regarding a matrimonial home:  sell; mortgage; or exclude (remove) the other party.

 

A court may remove one spouse and give possession of the home to the other in certain situations.  Usually this involves consideration of the best interest of children and the risk of violence.

 

If the home is the only major asset, it is unlikely that a party will get exclusive possession of the home for more than a temporary period.

 

Some rights regarding a matrimonial home are lost if a claim is not started before a divorce is granted.

A court may also order possession of the household contents.