Matrimonial Home
The designation of a matrimonial home bears significant implications on spouses who own the property. The Family Law act defines a matrimonial home as a home to which the spouse has and interest and that was used as the couple’s family residence at the time of separation or that is currently being used as their family residence if they are still married. A couple may have more than one matrimonial home, as they may have a primary residence within the City limits and a cottage home or vacation condo somewhere else. If the couple did not make a selection as to which of the two homes is their family residence, then both properties will be considered as such. However, if the parties designated by registering a matrimonial designation instrument against title to one the properties, then only the designated property shall be viewed as their matrimonial home.
Registering a matrimonial home designation on title will guarantee that one spouse cannot practically deal with the property without the other party’s consent or participation in the transaction. The sale of a matrimonial home without adequate consent of both spouses may be set aside by a court of law. Note that a matrimonial designation registered on title is not required to establish spousal interest in the property.