FAMILY PROPERTY – Matrimonial Home – Section 4 of the Family Law Act

Section 4(1) of the Family Law Act is the definition section of the Act dealing with property issues.   The act states that a “Matrimonial Home” is defined as “every property in which a person has an interest and that is or, if the spouses have separated, was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence is their matrimonial home.”

This is an important section because the Family Law Act treats Matrimonial Homes differently than other property.  If the Matrimonial Home is owned on the date of marriage and the date of separation, unlike other property, the party is not entitled to a deduction for the value of the Matrimonial Home on the date of marriage.  It is possible to have more than one matrimonial home (ie. a cottage).

If you are bringing a cottage or a house into a marriage it is a good idea to contact one of our family lawyers to deal with this issue. One solution would be to negotiate a contract with your intended spouse and enter into a Domestic Agreement with him/her to exclude the value of the Matrimonial Home.

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