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Matrimonial Home

 

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The courts define a matrimonial home in the Family Law Act as "every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence." 

Both parties have an equal right to possession of the matrimonial home.  It is open to the parties to make a claim for exclusive possession of the matrimonial home if they so desire.   

 Questions

1.  I am living in the matrimonial home and have custody of our children.  We have appraised the home at $250,000 and we are satisfied with that valuation.  I would like to purchase my spouse's half of the home.  Is this possible?

Answer: The Ontario Court of Appeal decided in Willemze-Davidson v. Davidson (1997), 98 O.A.C. 335 (C.A.) that if it is in the best interests of the children to remain in the home and a value of the home has been agreed upon that the custodial parent is generally permitted to purchase the other spouse's half of the home.  

 

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                                                                  Last modified: April 25, 2011 10:24 PM