Yes, but it depends. If you own a house before getting married it will be considered marital property (the matrimonial home) but it does depend on your situation. I’ll explain how the Family Law Act designates your marital home and 3 ways to protect your assets from getting divided when you do get married.
Part 1: What house becomes the marital property?
Read how one of our family lawyers describes what happens to your house:
“What happens to your house depends not only on when you bought it, but also on how it was used during the marriage. Even if the home is in your name only, your spouse may still have rights to it once you marry.”
~ Adrianna Klukowska, J.D. Lawyer at Angrove Law
This is because of how Family Law Act treats your home (the provincial legislation that governs property division for married couples in Ontario).
What does the law define as your matrimonial home?
According to section 18 of the Family Law Act, a matrimonial home is the property that spouses ordinarily occupy as their family residence at the time of separation. There can be more than one matrimonial home, such as a family cottage or secondary residence.
The law gives the matrimonial home special treatment. Each spouse has an equal right to possess it during the marriage, and its value is treated differently when the marriage ends because of the matrimonial home exemption.
Part 2: The Matrimonial Home Exception
Under section 5 of Ontario’s Family Law Act, when a marriage ends, each spouse calculates their net family property (NFP). This means the total value of everything they own on the date of separation, minus debts and minus what they owned on the date of marriage.
The spouse with the lower NFP is entitled to half the difference between the two. This process is called equalization.
If you owned a house before marriage, you can normally deduct its value from your NFP unless it became the matrimonial home. That single exception changes everything.
Why the Exception Matters
If you owned your home before marriage but lived in it with your spouse after getting married, that property automatically becomes your matrimonial home. When that happens, you lose the ability to subtract its pre-marital value from your net family property (NFP) calculation. Instead, the entire value of the home, both the amount you paid before marriage and the increase in value, is included in the calculation for equalization.
Real Example From One of Our Clients:
Our client purchased a condo in Toronto for $400,000 before marriage. At the date of marriage, it is still worth $400,000. They got married, live there together for 10 years, and now the condo is worth $700,000. When you separate, the full $700,000 counts towards the net family property, not just the $300,000 increase. The spouse was entitled to an equalization payment reflecting half of that total growth, even though our client bought it on their own.
This rule exists because the home is viewed as central to the family partnership, and both spouses contribute to that partnership, financially or otherwise.
If our client followed our 3 ways to protect your house (as described below) they could have avoided the full value of their condo being put towards the equalization payment.
Rights to Possession
Even if your spouse’s name is not on the title, they have a statutory right to possess the matrimonial home while you are married, under section 19 of the Family Law Act. This means you cannot sell, mortgage, or transfer the home without your spouse’s consent or a court order.
This rule protects both partners from being displaced and ensures that decisions about the home are made fairly.
Prenuptial agreements
Don’t just plan the wedding. Plan the marriage.
A prenup isn’t planning for failure. It’s the two of you writing your own rules, together. Flat-fee, virtual, and easier than picking the venue.
Part 3: How to Protect your House Owned Before Marriage
1. Create a Marriage Contract (Prenuptial Agreement)
A marriage contract (when written and signed properly) lets you and your spouse decide in advance how property will be divided if you separate. You can state that your home or its pre-marital value will remain excluded from equalization. This agreement must be in writing, signed by both parties, and witnessed, with your spouse receiving independent legal advice.
Courts are more likely to uphold a contract that was entered into voluntarily and fairly, with full financial disclosure on both sides. That is also where DIY templates fall short. Our Jointly vs. Angrove Law comparison shows what a set-aside agreement can cost a homeowner.
2. Consider Not Living in the Property After Marriage
If you own multiple properties, you might choose to make a different property your matrimonial home after marriage. The house you owned before marriage could then remain excluded when calculating equalization. We always recommend to still include this when writing your prenup.
3. Keep Detailed Records and Appraisals
The easiest way to protect what is actually yours is when you document the fair market value of your home on the date of marriage. Obtain a professional appraisal or maintain your purchase documents and mortgage records. These records can make a major difference if you later need to prove the property’s pre-marital value.
Practical Example
“Emma” owns a home worth $500,000 before marrying. It becomes the matrimonial home, and 10 years later it is worth $900,000. When she separates, she must include the full $900,000 in her equalization calculation.
Before marriage, Emma could have signed a marriage contract stating the house will remain excluded. Upon separation, only the increase in value ($400,000) would be considered. This protects her initial investment and can reduce equalization by hundreds of thousands of dollars.
Why Legal Advice Matters
Every situation is unique. Courts can set aside a marriage contract if it is unfair, if one spouse did not understand it, or if circumstances have drastically changed.
At Angrove Law, we draft clear, fair, and enforceable marriage contracts that reflect each client’s specific needs. Our approach is transparent, collaborative, and affordable with flat-fee pricing and virtual appointments.
If you already own a home and are planning to marry, or if you are already married and want to clarify ownership, booking a consultation is a proactive step toward peace of mind. Book a free consultation below:
Prenuptial agreements
Don’t just plan the wedding. Plan the marriage.
A prenup isn’t planning for failure. It’s the two of you writing your own rules, together. Flat-fee, virtual, and easier than picking the venue.
Common Myths With Marital Homes
“It is in my name, so it is mine”
Not necessarily. Title ownership and family law rights are separate issues. Title determines ownership, but family law determines how the property’s value is shared.
“We only lived there for a short time”
Duration does not matter. Once the home qualifies as a matrimonial home, it is treated the same way regardless of how long you lived there as a married couple.
“We agreed it would stay mine”
Verbal agreements are not enforceable for property division. To protect the home, you need a written marriage contract signed with proper legal procedures in place.
