Frequently asked questions

No. Moving out of the family home does not forfeit your ownership interest or your right to share in the equity. Property rights are determined by law, not by who physically occupies the home. However, moving out may make it harder to return, and can establish a status quo in parenting arrangements, so it’s good to get legal advice before deciding.

No. Sale and division of proceeds is one outcome. Spouses can also negotiate a buyout (one keeps the home and pays the other their equity share), a delayed sale triggered by a future event, or a nesting arrangement for a transitional period. What's possible depends largely on whether one spouse can afford to carry the home on a single income.

A mortgage insurance product available through CMHC, Sagen, and Canada Guaranty that allows the spouse keeping the family home to access up to 95% financing for the buyout, requiring a smaller down payment than a standard purchase. Eligibility requires a separation agreement or court order confirming separation. Any spousal support or child support amounts factor into the single-income mortgage qualification.

In Ontario, even if one spouse owned the home before the marriage, they cannot deduct that pre-marriage value from their Net Family Property calculation. The full value of the matrimonial home at separation goes into equalization as part of net family property. The equalization entitlement applies to the full market value.

It depends on the province. In BC (after 2 years), Alberta (after 3 years or with a child), Saskatchewan, and Manitoba, common-law partners have rights similar to married spouses. In Ontario, Quebec, and most other provinces, there are no automatic property division rights, and the home belongs to whoever holds title. Claiming a share requires proving a legal basis such as constructive trust or unjust enrichment.

Under the federal Divorce Act, a parent wishing to relocate with children must give 60 days' written notice. The other parent has 30 days to object. If they do, the move cannot proceed until a court decides based on the best interests of the child. Moving without following this process can result in a court ordering the child returned and seriously damaging your position in future parenting proceedings.

Yes. The Canada Child Benefit provides monthly payments to eligible families. Provincial rent assistance programs (Alberta's Rent Assistance Benefit, BC Housing programs, Ontario community housing) provide direct housing support for lower-income households. Dial 211 to find what's available locally. 
CMHC's Spousal Buyout Program assists with mortgage financing. Wait lists for social housing can be long, so apply early. Affordable housing divorce planning is a genuine challenge in most Canadian cities, so it’s wise to apply  for all available programs simultaneously.  

Nesting is an arrangement where the children stay in the family home year-round while the parents take turns living there according to the parenting schedule. It provides maximum stability for children and buys both parents time to make housing decisions. It works best as a short-term arrangement (six months to eighteen months) between parents who can communicate respectfully and trust each other in the shared space. It is not appropriate in high-conflict situations or where abuse has occurred.