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I would like to know if you are married but planning on a divorce and just bought a home but the mortgage and the title deed are in both your husband’s name are you still entitled to receive half as you are married ? Thank you.

August 11, 2021

701 viewsProperty Division

It is not clear from your question whether you are only recently married (but already planning to divorce), or whether you and your husband previously owned and sold a different home before buying the latest one.

But in any case – and assuming your marriage is not brand-new – it will likely not matter that the title to your home, and obligation under the mortgage, are both in your husband’s name only.  You will still be entitled to the customary rights to property that apply to divorcing spouses. This is because under Ontario family law, the home you live in as a married couple – however briefly – becomes a “matrimonial home” that is subject to special rules that deal with possessory rights and legal entitlements upon separation.

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