What does the term “Matrimonial Property” mean in Family Law?
Under the Family Law Act in Ontario, only married or formerly married spouses have rights to the matrimonial home. This includes same-sex couples who have been legally married. Prior to the marriage breakdown (which includes the death of one spouse, separation with no reasonable prospect of reconciliation and divorce), property rights are governed by title. Upon marriage breakdown, the concept of equalization of properties and assets come into play. It may be noted that only the Superior Court of Justice in Ontario has the jurisdiction to deal with property issues. The Ontario Court of Justice does not have this jurisdiction.