The Matrimonial Home
The matrimonial home is usually the most valuable asset the family owns at the time of separation. Regardless of who has legal ownership of the matrimonial home, both spouses have an equal right to continue residing there after the separation until such that time the parties or the Court decide otherwise. Spouses cannot borrow against the matrimonial home or sell it without the knowledge and consent of their other spouse. While the court can order the sale of the matrimonial home in certain situations, the court cannot order one party to purchase their spouse’s share of the matrimonial home – and only the parties themselves can make such arrangement. In dealing with the matrimonial home after separation, it is often necessary to involve other professionals, such as real estate agents, mortgage brokers, or appraisers.