Divorce and the Family Cottage: Will You Lose it?

Are some of your fondest memories from the summers you spent at your family’s cottage? If you’re going through a divorce, you might be worried you’ll lose access to it forever. Read on to learn about how Ontario’s divorce laws treat cottages and recreational properties and what that means to you.

The Matrimonial Home

Ontario law recognizes the matrimonial home as a special class of asset. The Family Law Act defines a matrimonial home as any property in which one of the spouses has an interest and the couple lived there as a family. There’s a special emphasis on the word “family” – if only one spouse uses the property, it’s not considered a matrimonial home.

Under Ontario law, both spouses have an equal right to possess a matrimonial home. Neither of them can be kicked out, even if their name isn’t on the deed.

Can a Cottage Be a Matrimonial Home?

Married couples in Ontario can have more than one matrimonial home. That means that a cottage can qualify.

You might be saying, “Well, we only spend a couple of weekends a year there. How can it be a second matrimonial home?” As long as you use it with your family during the year, the matrimonial home rules apply.

Limitations of Equal Possession

You might be thinking, “Oh, great! I’ll be able to use the cottage after the divorce!” There are some limitations of the equal possession principle, though.

Let’s say that John, whose name was on the title, sold the property to someone else before Jane moved in. Neither of them would be able to assert their claims to the cottage. Another example would be the case of the cottage being subject to a mortgage before Jane took up residence as John’s wife. John, the title holder, and Jane, the non-titled spouse, have to give up the property.

Are You Looking for a Divorce Lawyer?

Are you going through a divorce and are worried about jointly held properties such as your cottage? Contact Fine & Associates today at 647-496-2860. Our dedicated and experienced team of divorce lawyers will fight for your rights. We devote ourselves to aggressively protecting your interests so that legal matters are resolved quickly and fairly.