Common Law Spouses ~ Matrimonial Homes (2)

Common Law Spouses ~ Matrimonial Homes (2)

Ontario Real Estate Source

By Brian Madigan LL.B.

Question

If someone is just living with another person are they entitled to the rights of a "matrimonial home"? 

Answer 

There are two definitions of spouse under the Family Law Act.

The expanded definition of spouse only applies to Part III of the Act (support obligations). So, just living together can  raise some obligations in respect to support.

However, the definition of spouse in subsection 1 (1), which applies to all of the Act, refers only to people who are married or who are in a marriage that is voidable or void, and includes same-sex couples. 

Since matrimonial homes are not discussed in Part III, the expanded definition of spouse does not apply to them.

So, only real spouses get the house!

Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
www.OntarioRealEstateSource.com