MATRIMONIAL HOME

FLA (Part II) sets out several rights unique to matrimonial homes within the province.

The dwelling must be used at the time of marriage breakdown as a matrimonial home, and its use need not be full-time but must be consistent with the normal use of such property.

A matrimonial home cannot be sold or encumbered without the written consent of the other spouse, regardless of how title may be held. Without written consent, the sale or mortgaging may be set aside by a court.