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Right to stay in the family home

You and your spouse have an equal right to stay in your matrimonial home in Ontario if you separate. This applies even if only one of you own it or rented it. This right lasts until one of the following happens:

  • You and your spouse make an agreement that says who cannot live there.
  • There is a court order that says who cannot live there.
  • You sell your matrimonial home or your lease ends.
  • You get divorced.

You cannot sell or mortgage the matrimonial home without your spouse’s written permission.

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