Pearce DucharmeFamily Law
Pearce DucharmeThe home people own and live in is the matrimonial Home. Regardless of whose name the home is in, it cannot be sold without the consent of both parties or court order. For many couples the home is the largest asset of the marriage. As such the court will normally order it sold at the request of either party and have the net proceeds factored into equalization. If there has been physical abuse in the relationship and there are young children, the abused spouse can request an order for exclusive possession of the matrimonial home and its contents. A party is not penalized in equalization if they leave the matrimonial home although it may be an important factor in custody cases involving young children.