What happens if our matrimonial home is registered to my spouse and we are in the separation process?

If the home is a matrimonial home, both married spouses generally have an equal right to

possess it, regardless of whose name is on title. Title ownership does not, by itself, determine

who may live in the home after separation.

The home may be dealt with by:

 agreement for sale;

 one spouse buying out the other’s interest;

 an interim or final order for exclusive possession;

 a preservation order preventing sale or refinancing;

 equalization of its value; or

 a court-ordered sale in appropriate circumstances.

The matrimonial home is treated differently from many other assets. Its full value on the

valuation date is generally included in net family property, and the marriage-date deduction

normally available for other property does not apply to a matrimonial home in the same way.