What Happens to Your Home in a Divorce in Ontario?

“We’ve been through this. It’s tough, confusing, and filled with emotion. Here’s what you need to know about property and divorce in Ontario.”

We’ve Been There

Divorce isn’t just legal paperwork it’s personal, stressful, and filled with big decisions. Keith and I have been through it ourselves. That’s why we now help others through the same transition with clear and practical guidance. If you’re separating or divorcing in Ontario and wondering what happens to your home, these are the questions we hear most and the answers we give them.

For a step-by-step breakdown of selling, buying, legal support, and starting fresh, see our Ontario Divorce Real Estate Guide.

1. Can My Spouse Take My House If I Bought It Before Marriage?

Short answer: Not automatically.

If you bought your home before getting married, it’s generally considered excluded property under Ontario law. But there’s a catch. If the home became your matrimonial home, meaning you both lived there during the marriage, your spouse gets legal occupancy rights.

Even if your name is the only one on title, your spouse can’t be forced to leave unless the court says so. You may still receive credit for the home’s value at the date of marriage, but that’s not guaranteed.

2. What If My Name Isn’t on the House?

If you’re legally married, Ontario law protects your right to stay in the matrimonial home. It doesn’t matter whose name is on title.

Your spouse can’t sell, mortgage, or rent the property without your written consent. But this rule only applies to married spouses, not common-law couples.

3. What Happens to Property Owned Before Marriage?

Generally, any property owned before the marriage is excluded from the division of assets. But once a home becomes the matrimonial residence, that protection may no longer apply.

For example, if you owned a condo before marriage and lived in it with your spouse afterward, the full value of the condo might be divided, not just the appreciation.

This is one of the most misunderstood parts of divorce in Ontario. Talk to your lawyer early to avoid surprises.

4. Can I Protect My Home or Other Assets Before Marriage?

Yes, and the smartest way is through a legal agreement.

You can sign a:

• Cohabitation agreement (if living together before marriage)
• Marriage contract (if already married)

These documents can protect the value of your home, your business, or other personal assets. But they must be in writing and signed by both parties with independent legal advice.

5. Do Separate Bank Accounts Protect My Savings?

Not always. Even if your spouse doesn’t have access to your account, anything earned or saved during the marriage may still be subject to division.

The courts look at net family property, not just ownership. The same goes for RRSPs, pensions, and investment accounts

6. What Are Matrimonial Home Rights in Ontario?

A matrimonial home is any property where spouses lived together during the marriage. That could be a house, condo, or even a cottage.

If it qualifies, both spouses:

• Have an equal right to stay in the home
• Must give written consent for it to be sold or mortgaged
• Need a court order if one wants to force the other to leave

Common-law partners don’t have the same automatic rights.

7. Can a Common-Law Partner Claim My Home?

Usually no unless their name is on title or they can prove they contributed significantly to the home. In some cases, a common-law spouse can make a claim for:

• Unjust enrichment (if they financially contributed)
• Constructive trust (if they improved or helped maintain the property)

These cases are complex and depend on evidence, not assumptions.

8. Can My Spouse Force Me to Sell the Home?

Not without a court order or unless both of you agree.

You have a few options:

• Sell and divide the proceeds
• One spouse buys out the other’s share
• Delay the sale, especially if children still live in the home

Before making a decision, get a professional appraisal and legal advice. We can also walk you through your options based on current market value.

9. Am I Entitled to My Spouse’s Business?

If the business grew in value during the marriage, you might be entitled to part of that increase and not the business itself, but the gain in net worth.

This usually requires a formal valuation and should be handled with legal and accounting support.

10. You’re Not Alone, We’ve Helped Clients Just Like You?

We know what it feels like to divide a home, separate finances, and face an uncertain future. We’ve done it ourselves and now we guide others through it with empathy and clarity.

Whether you’re staying in the GTA or starting over in Niagara, we can help you move forward with confidence.

Let’s Talk in Confidence

This isn’t just about buying or selling a home — it’s about protecting your future, finances, and peace of mind. If legal costs are a concern, Legal Aid Ontario may be able to assist depending on your income and situation.

📞 Book a Private Consultation

Helpful Reads for Your Next Steps

• Buying a Home After Divorce in Ontario: What You Should Know
• Should You Sell Your Home During a Divorce
• How to Market Your Home Effectively During Divorce in Ontario
• Appraising a Home During Divorce in Ontario
• Selling Your Home During Divorce in Ontario