For many separating couples, the decision to remain in the matrimonial home during a divorce can feel like a practical solution, especially in a challenging real estate market. A recent article explored how financial pressures, parenting responsibilities, and uncertainty about housing can lead couples to continue living together even after a relationship has ended. While this arrangement may appear manageable at first, it can introduce emotional strain and legal complexity. Alyssa Bach, Associate Lawyer at Shulman & Partners LLP, shared insight into how disputes over the matrimonial home can escalate and why early planning is critical. Her comments highlight how unresolved decisions around property, finances, and timing can complicate an already difficult transition under Ontario family law.
“We want to get them onto the next stage of their life. That’s hard to do when you don’t know what your capital is going to be.”
— Alyssa Bach, Associate Lawyer, Shulman & Partners LLP
The article centers on the experience of a separating couple who chose to continue living in their shared home during the transition from separation to divorce. What initially seemed like a financially sensible decision ultimately created emotional strain and logistical challenges. The story reflects a broader trend, particularly in high cost housing markets, where couples delay selling their home due to concerns about affordability and stability for their children.
Alyssa explained that while the sale of a matrimonial home may appear straightforward from a legal standpoint, it often becomes complicated when emotions and competing priorities are involved. Under Ontario law, the home a married couple occupies at the time of separation is considered the matrimonial home, regardless of who originally purchased it. This means both spouses have rights tied to the property, which can lead to conflict when decisions need to be made about selling, pricing, or dividing proceeds.
Even when couples agree to sell, disagreements frequently arise. These can include disputes over the listing price, the choice of real estate agent, and how to prepare the home for sale. Market conditions can intensify these tensions, especially when one party wants to maximize value while the other prefers a quicker resolution. Alyssa noted that delays can prolong uncertainty and make it harder for both individuals to move forward.
The article also highlights how remaining in the same home during separation can make an already difficult situation more challenging. When the relationship is strained, everyday decisions can become points of conflict. This is especially true when one partner begins a new relationship, which can increase tension within the shared space.
Beyond the emotional challenges, there are important legal considerations. Establishing a clear date of separation is critical, even if both parties continue to live under the same roof. Alyssa emphasized the importance of a separation agreement, which can outline how assets will be divided, how support will be handled, and how parenting arrangements will be structured. This agreement serves as a binding framework that provides clarity and direction.
In situations where couples cannot reach an agreement, mediation can offer a more collaborative path forward, with court proceedings as a last resort. She also pointed to potential complications such as disputes over buyouts, unrealistic financial expectations, and issues like undisclosed debt tied to the property.
For families, the key takeaway is that delaying decisions around the matrimonial home can have lasting consequences. Addressing these issues early, with legal and financial guidance, can help reduce conflict and provide a clearer path forward during separation.
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This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.