Need Legal Help on a Matrimonial Home matter?
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The Qase Solution
Newly separated couples often must determine who should stay in their home. When there is a disagreement about who should leave, a court can grant one party exclusive possession and use of the matrimonial home on a temporary basis, but courts are reluctant to eject someone from their own home. Courts will require a party showing that both parties' remaining in the house is a “practical impossibility,” a high standard to meet. Even if it is a practical impossibility, the court then must decide which party should be the preferred occupant. A BC matrimonial home lawyer can help you understand these complicated issues. Book a free 15-minute meeting with a BC matrimonial home lawyer practicing on Qase now and have them assess your case and provide options.
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Frequently Asked Questions
What is family property?
What is family property?
Family property is any property owned by one or both spouses that is ordinarily used by anyone in the immediate family for a family purpose. Typically, when there is a separation, family property is considered owned by both spouses and shared equally.
Is a matrimonial home family property?
Is a matrimonial home family property?
Generally, yes. If one partner owned the home before getting into the relationship, then it is possible that only the accrued value while the partners were together would be considered family property. So, if a house purchased and owned by one partner was worth $500k at the time the partners came together and is worth $800k at the time of separation, it’s possible that only $300k of the property would be considered family property.
May I sell the matrimonial home?
May I sell the matrimonial home?
Typically, you are not allowed to sell, rent or even mortgage the family home unless your partner agrees or you have a court order permitting you to do so.
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