Who can stay in the matrimonial home after separation?
If you are married, you and your spouse have an equal right to live in the matrimonial home after you separate, whoever owns it. Neither of you can lock the other out. The right lasts until an agreement or court order changes it or the home is sold. For a spouse not on title, it also ends on divorce.
Key points
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These rules apply only to married spouses. Common-law partners have different rights.
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Owning the home and having the right to live in it are separate questions.
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Neither spouse can sell or mortgage a matrimonial home without the other's consent or a court order.
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A court can give one spouse exclusive possession, weighing the children, finances, other housing and any violence.
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A jointly owned home is usually sold if one owner asks, unless a sale would prejudice the other spouse's family law claims.
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Moving out does not reduce your property claim.
What counts as a matrimonial home?
A matrimonial home is property that either spouse has an interest in and that the family ordinarily lived in when they separated. It can be a house, condo, townhouse, apartment or co-op unit, owned or rented.
You can have more than one. A cottage the family regularly lived in can also be a matrimonial home. If a property is mainly used for something else, such as a farm, only the part reasonably needed for the residence counts.
Shares in a corporation that entitle you to live in a unit, as in some co-operatives, can also make that unit a matrimonial home. Homes on a First Nation reserve follow different, federal rules.
Who owns the home, and who can live there?
Ownership and possession are different questions. Ownership decides whose net family property includes the home's value. Possession decides who may live there while you sort things out.
Does title decide who can live there? No. Both spouses have an equal right to possession.
Can the owner change the locks? No, not without an agreement or court order.
Does moving out reduce my property claim? No. Your property claim does not depend on where you live.
Does the home's full value count in equalization? Yes, less any mortgage. A home owned at marriage gets no marriage-date deduction if it is the matrimonial home at separation.
When does a non-owner's right to stay end? On divorce, unless an agreement or order says otherwise.
That last point matters. If you are not on title, settle what happens to the home before the divorce is granted. After a divorce, a spouse not on title generally also loses the protection against a sale without consent. See Divorce in Ontario.
Because the whole value of the home counts, a gift or inheritance used to buy it or pay down its mortgage loses its protected status. Gifts, inheritances and other excluded property in Ontario explains this rule.
Can my spouse sell or mortgage the home without me?
No. A spouse cannot sell or mortgage a matrimonial home without the other spouse's consent. The exceptions are a separation agreement that releases the right, or a court order authorizing the deal.
If a spouse goes ahead without consent, a court can set the sale or mortgage aside. The exception is a buyer or lender who paid value in good faith without notice that it was a matrimonial home.
A court can also authorize a sale if the other spouse cannot be found, cannot consent, or refuses unreasonably. If you think a sale or new mortgage is about to happen without you, get legal advice quickly. Courts can make urgent orders to preserve the home.
Can one spouse force a sale?
It depends on how the home is owned.
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Owned jointly. Either owner can usually ask the court to order a sale under Ontario's Partition Act, and courts commonly grant it. A court refuses or delays a sale only in narrow cases. One is a request that is malicious, vexatious or oppressive. Another is a sale that would prejudice the other spouse's Family Law Act rights (Silva v. Silva (1990), 1 O.R. (3d) 436 (C.A.)).
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Owned by one spouse. The owner still needs consent or a court order to sell. A court can order a sale as part of the property claim, but generally only if it is needed to carry out the equalization order.
A claim for exclusive possession does not, by itself, usually stop a jointly owned home from being sold. If you want to keep the home, Buying out your spouse's share of the home covers the options.
What is exclusive possession?
A court can order that one spouse live in the matrimonial home and the other leave, whoever owns it. It can make that order temporarily while the case goes on. The court can also make orders about the contents and about paying the home's expenses.
In deciding, the court must consider:
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the best interests of the children affected;
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any existing property orders, support orders or other enforceable support obligations;
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the financial position of both spouses;
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any written agreement between them;
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whether other suitable and affordable housing is available; and
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any violence by one spouse against the other spouse or the children.
For the children, the court looks at how disruptive a move would be. It also considers their views and preferences, if these can reasonably be found out.
Temporary exclusive possession is not granted simply because sharing the home is tense. Courts generally want clear evidence that living together has become impractical or unsafe. An order for exclusive possession does not change who owns the home; its value is still dealt with through equalization.
Talk to a family lawyer about your matrimonial home
If you want to discuss how to protect your matrimonial home rights, book a free 15-minute call. The call covers the process, fees and next steps; it is not legal advice on your situation. Consultation work is billed at $275 an hour plus HST or under a limited-scope retainer, with a written estimate first. We meet clients by phone or video, or in person at our North York office.
Book a free 15-minute call about matrimonial home · Call 416-858-1320
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Last reviewed: November 2, 2026
This page is general information about Ontario and federal law, not legal advice. Reading it or contacting us does not create a lawyer-client relationship. Laws and court fees change; check the date above.