Sandra and Mark own a house in Vaughan. They are going through a divorce. The house is registered solely in Mark’s name. Under the Family Law Act, how is this property treated?

Question: Sandra and Mark own a house in Vaughan. They are going through a divorce. The house is registered solely in Mark’s name. Under the Family Law Act, how is this property treated?

Answer options: ✅ The house is considered the matrimonial home, and Sandra has an equal right of possession regardless of ownership on title.

• Since the house is solely in Mark's name, Sandra has no claim to the property itself, only to an equalization of net family property.
• Sandra must prove she contributed financially to the purchase or upkeep to gain any rights to the property.
• The house will be sold, and the proceeds divided based on the ratio of their financial contributions.

Correct answer: The house is considered the matrimonial home, and Sandra has an equal right of possession regardless of ownership on title.

Explanation: Under the Ontario Family Law Act, a matrimonial home is given special status. Regardless of whose name is on the title, both spouses have an equal right to possession of the matrimonial home until a court order or agreement states otherwise.