Will I Lose My Home
As indicated above, there is no legal reason a person cannot walk out or ‘walk away’ from the
relationship. However, under Ontario law the home you own and live in is a matrimonial asset
and perhaps the largest asset of the parties. Normally, it will be sold and the proceeds factored
into the division of assets if either party so wishes.
The matrimonial home cannot be sold without the consent of both parties or court order.
However, if you are a spouse that requires the matrimonial home as a necessary part of your plan
to help care for the children, you should seek legal representation at the first possible chance
from an experienced matrimonial lawyer. You may be entitled to an order for exclusive
possession of the matrimonial home and its contents.
If children are not involved, walking away may delay final resolution but
you will not be penalized for leaving the home.
Please note: If you are involved in a matrimonial dispute, we
strongly recommend that you retain a lawyer to represent
you at the first possible opportunity;
This site and this note are designed only to acquaint you with a
few (and only a few) of the issues that may affect you.
It is not intended as legal advice on any specific case.
You are well advised to retain the services of an
experienced lawyer as soon as possible.