How is the matrimonial home divided in Canada?
In most provinces, the matrimonial (family) home is subject to equal division regardless of who owns it or provided the down payment. In Ontario, for example, the full value of the matrimonial home is included in the net family property calculation — without any deduction for pre-marriage value. Some provinces treat the home like any other asset and deduct pre-relationship value.
Can one spouse buy out the other from the family home?
Yes. A buyout is common when one spouse (often the one with primary custody) wants to stay in the home. The buying spouse pays the other their share of the net equity — either in cash or by transferring other assets of equal value. The buying spouse also refinances the mortgage in their name alone.
What happens to the mortgage when we separate?
Separation does not automatically remove either spouse from a joint mortgage. The lender must agree to release a spouse. Until the mortgage is refinanced, discharged, or the home sold, both spouses remain liable. A separation agreement cannot override a lender's rights.