Does a spouse who is married and is not registered on title to the matrimonial home have the same right to occupy the house as the spouse who is the sole registered owner upon separation?

December 19, 2016

Does a spouse who is married and is not registered on title to the matrimonial home have the same right to occupy the house as the spouse who is the sole registered owner upon separation?

 

  1. Yes

  2. No

 

Yes.  The Family Law Act provides that the right of spouses to occupy the matrimonial home is not dependent on ownership.  Regardless of whose name is registered on title, both would have the right of possession of the matrimonial home.

 

Ownership of property does make a difference when parties are not legally married and are living common law.

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