Can You Have More Than One Matrimonial Home?
By Timothy Matthews | June 9, 2025
Whether a property is classified as a “matrimonial home” or not in a family law context can have a significant impact on how the property is treated following a separation in Ontario. It can affect the rights of the spouses with respect to the equalization of their property, and can determine whether remedies such as “exclusive possession” are available.
A matrimonial home is defined in Section 18(1) of the Family Law Act of Ontario as “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 important to note that in Ontario this concept applies only to spouses who are legally married.
More than one property can meet this definition, and separated spouses could have more than one matrimonial home. Secondary matrimonial homes could include camps or cottages, depending on if the property in question was occupied by the couple as their “family residence.”
While there is no precise formula for determining whether a property is or is not a matrimonial home, courts in Ontario have tended to focus on whether the couple’s normal family life revolved around the property, such as spending significant time together at the property as a family. While each case depends on its particular facts, the more time and energy spent visiting and maintaining the residence leading up to separation, the more likely it will be found to be a “matrimonial home.”
Before an issue arises, there are preventative measures couples can take to avoid disputes over secondary properties and, potentially, an unfavorable outcome. For families with camps or cottages, one option would be to make a joint designation of a matrimonial home pursuant to Section 20 of the Family Law Act. This has the effect of formally designating one property as the one and only matrimonial home, even if other properties could qualify.
Contact Henderson Family Law today to schedule an appointment if you have questions about matrimonial homes or other property issues.
DISCLAIMER:
This content is provided as a general informational source by Henderson Family Law, and does not constitute legal advice or opinion, or establish a lawyer-client relationship. Every situation is complex and fact-specific, and appropriate advice will vary accordingly. Do not rely on this information for legal decision-making under any circumstances. Please consult with us and obtain proper advice and strategy concerning the specifics of your particular situation.