If a divorced couple decided to live together again, does the non-owner have any rights in the property under the Family Law Act? Consider the fact that they have children together.
This is not a matrimonial home under any circumstances.
For a property to be considered a “matrimonial home”, the couple must be “married”. This couple is divorced. At one time, they were married.
It is, of course, possible that certain rights could accrue to the non-titled person under the laws of restitution etc. if they were paying the mortgage etc.
Brian Madigan LL.B., Broker