MATRIMONIAL HOMES AFTER DIVORCE

There are rules respecting the division of property upon the dissolution of a marriage. Of all the property which married couples have, it is the matrimonial home which is treated in a most unique manner. The matrimonial home may be a home which one of the parties owned prior to marriage. It may also be a home which the parties purchased together after the date of their marriage. A couple may actually have more than one matrimonial home.

As in the case of other property, if a couple has only lived together as common-law spouses, but were never married, the Divorce Laws respecting the division of property, including the matrimonial home do not apply.

In the case of married couples, however, regardless of which spouse's name appears on the title as the owner, both of the spouses have an equal right to the possession of the matrimonial home.

Although both parties, regardless of whose name appears on title have an equal right to the possession of the matrimonial home while they are still married.

In cases where both parties cannot agree as to who will stay in the matrimonial home after divorce, divorce lawyers in Montreal can help them come up to an order or agreement as to whose spouse will have the exclusive possession and use of matrimonial home.

In granting or rejecting said order or agreement, the Court must regard to several factors, including but not limited to the conduct of the parties.  It must be provided that Court decision shall always be for the best interest of the children.

Generally, the person who has custody of the children is to whom the matrimonial home is awarded. This helps children adjust to their new family situation in a place and neighborhood that they already know.