Possession of the Matrimonial Home

Exclusive Possession of the Matrimonial Home

Once a couple is married, each spouse has a right to possession of the matrimonial home. Usually, the parent who obtains temporary custody of the children, has a stronger case for obtaining exclusive possession of the matrimonial home. Very often, a spouse will try to get possession of the home by saying that his/her partner assaulted them or threatened their life. Once a criminal charge has been laid, that person is no longer permitted to live at the residence.

What if the matrimonial home is not registered in my name?

Once you are married, the property that you and your spouse live in together, gets divided equally upon separation, regardless of whose name it was or is registered in. So, if you had a house before you got married, and then moved your husband or wife into that house, your partner now becomes entitled to 50% of the house.

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