We are open in our 8 offices to serve your needs

Any property used by married spouses at the date of separation as a family home is a “matrimonial home” under the Family Law Act. A matrimonial home is special and treated differently than any other property belonging to married spouses.  The definition of a matrimonial home is set out in section 18 of the Family Law Act: “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.”

It is possible for married spouses to have any number of matrimonial homes including a primary residence, a cottage, a ski chalet, and so on. If a property is a matrimonial home, then not only is it impossible to claim an exclusion for any inherited or gifted asset invested in that home but, if the same property was owned at the date of marriage, then the owner may not claim a deduction for having brought the value of the property into the marriage.

If a spouse owns a home worth $500,000 on the date of marriage and the parties continue to occupy the same property at the date of separation, then he or she cannot claim a deduction for having brought $500,000 into the marriage.  However, if her spouse owns an investment portfolio worth $500,000 at the date of marriage, that asset will be deducted from his or her net worth on separation.  Similarly, if the spouse owned the $500,000 home at the date of marriage but the parties moved to a new home during the marriage, then the spouse is permitted to take a $500,000 date of marriage deduction in the equalization calculation.

Contact Form - Contact Us Page

Request a free consultation

Please fill out this form with your contact information and someone will be in touch with you soon.

Contact Preferences

How would you like to be contacted? Click all that apply.

How can we help you?

Brief description of your legal issue:

The use of the Internet or this form for communication with the firm or any individual member of the firm is not secure and does not establish a lawyer-client relationship. Confidential or time-sensitive information should not be sent through this form.



4211 Yonge Street • Suite #210 • Toronto • Ontario • M2P 2A9

View Map | Learn More

Aurora **

16 Industrial Parkway South • Aurora • Ontario • L4G 0R4

View Map | Learn More


500 Mapleton Avenue, Suite A • Barrie, Ontario • L4N 9C2

View Map | Learn More

Downtown Toronto **

100 King Street West • Suite #5600 • Toronto • Ontario • M5X 1C9

View Map | Learn More


4257 Sherwoodtowne Blvd Suite #300 • Mississauga Ontario • L4Z 1Y5

View Map | Learn More

Scarborough **

10 Milner Business Court • 3rd Floor • Scarborough • Ontario • M1B 3M6

View Map | Learn More

Grimsby **

33 Main Street West, • Grimsby • Ontario • L3M 1R3

View Map | Learn More

Whitby **

105 Consumers Drive - Unit 2, • Whitby • Ontario • L1N 1C4

View Map | Learn More
** Satellite office that requires you to book an appointment with us prior to arriving at the office.
Federation of Asian Canadian Lawyers
Law Society of Ontario
Peel Law Association
UJA Federation of Greater Toronto
York Region Law Association
Collaborative Practice Simcoe County
Law Association Simcoe County
Widows & Orphans Fund