09/09/2026
Moving out doesn't change your rights to the matrimonial home.
Under Ontario's Family Law Act, the matrimonial home has a legal status of its own. Both spouses have an equal right to possession, regardless of whose name appears on title.
What that means in practice:
→ You cannot sell, mortgage, or refinance the home without your spouse's written consent.
→ Neither spouse can lock the other out. Exclusive possession has to be ordered by a court.
→ Equity built during the marriage forms part of the equalization calculation.
People often leave the home first and ask questions later, assuming that walking out weakens their claim. It doesn't. But the decisions you make in those first few weeks can shape what the negotiation looks like for the next year.
Navigating property division? Reach out to Ramachandran Law PC for tailored guidance.
General information, not legal advice.