Personal Finance

What count as matrimonial home and what not?

  • Last Updated:
  • Jul 28th, 2020 11:10 am
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[OP]
Deal Addict
Oct 28, 2015
1826 posts
1035 upvotes
Nobleton, ON

What count as matrimonial home and what not?

do those homes in spouse's name but located in China counted as matrimonial homes if the couple had lived in each of them for couple of months every year?

does matrimonial home(s) have to to be singluar (one home only)? say one spouse had several homes, one is primary residence, but the rest are vacation homes, which the couple enjoy only a few month every year.

Thank you
8 replies
Sr. Member
Dec 4, 2004
730 posts
727 upvotes
GTA
A matrimonial home does not only mean one home. It can be any home or property where both spouses regularly spent time while married/as a family and is still owned, jointly or individually, at the time of separation. This can include the primary residence and vacation homes. If the vacation home is only used by one spouse, then it may be excluded as a matrimonial home.
Last edited by _dc_ on Jul 28th, 2020 10:28 am, edited 1 time in total.
[OP]
Deal Addict
Oct 28, 2015
1826 posts
1035 upvotes
Nobleton, ON
_dc_ wrote: A matrimonial home does not only mean one home. It can be any home or property where both spouses regularly spent time while married and is still owned, jointly or individually, at the time of separation. This can include the primary residence and vacation homes. If the vacation home is only used by one spouse, then it may be excluded as a matrimonial home.
Thank you, how about those homes in foreign country such as China?

What evidence one will need to prove that one regularly spends time there? bringing a video camera each time one lives there and tape the heck out of it?
Sr. Member
Dec 4, 2004
730 posts
727 upvotes
GTA
xuanzh wrote: Thank you, how about those homes in foreign country such as China?

What evidence one will need to prove that one regularly spends time there? bringing a video camera each time one lives there and tape the heck out of it?
All property worldwide is included.

Proof could be travel records, witnesses, and your own testimony vs your spouse's testimony.
[OP]
Deal Addict
Oct 28, 2015
1826 posts
1035 upvotes
Nobleton, ON
_dc_ wrote: All property worldwide is included.

Proof could be travel records, witnesses, and your own testimony vs your spouse's testimony.
Thank you very much!

What if the law in the other country contradicts to Canadian law? as I have been aware that in china, the law regarding homes only counted to the owner, regardless how many years spouse lived in it. Say if one spouse had 10 homes in China and is a Chinese citizen, the other spouse is a Canadian citizen but regularly lives in those homes belongs to his/her spouse in China. We then have a situation that have conflicting definitely for *matrimonial homes*.
Sr. Member
Dec 4, 2004
730 posts
727 upvotes
GTA
The only law that matters is the law in the jurisdiction where the separation/divorce is taking place. If you are filing for separation or divorce in Ontario, then the Family Law Act of Ontario applies.
[OP]
Deal Addict
Oct 28, 2015
1826 posts
1035 upvotes
Nobleton, ON
_dc_ wrote: The only law that matters is the law in the jurisdiction where the separation/divorce is taking place. If you are filing for separation or divorce in Ontario, then the Family Law Act of Ontario applies.
as I googled that I have found contradicting info, should one spouse is a Chinese citizen and the real estate properties are all located in China, China does not have a common law system and Chinese jurisdiction does not admit Canadian matrimonial home rules at all.

Just wish to confirm that.
Sr. Member
Dec 4, 2004
730 posts
727 upvotes
GTA
My advice is to consult a lawyer. If you want to follow China family law rules, then apply for a divorce in China. If you apply for a divorce in Ontario, Ontario laws will apply. No Ontario judge will enforce Chinese family law in an Ontario court. Property division applies to all property owned worldwide. It does not matter what China considers joint property or individual property, only the law in Ontario matters.
Last edited by _dc_ on Jul 28th, 2020 11:14 am, edited 2 times in total.

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