Cottage ownership is a dream of many Ontario homeowners. It’s a chance for weekend getaways or spending entire summers in ‘vacation mode’. It’s a home away from home.

But what happens when divorce hits? This can be an emotional topic, as the cottage is often where many happy memories are made, and special moments celebrated with family and friends. If that cottage was indeed a “home away from home” it may also be considered a matrimonial home. And in divorce, a matrimonial home is divided equally between the spouses.

Under Ontario’s Family Law Act, couples can have more than one matrimonial home. Basically, a matrimonial home is any residence - in Ontario - that is habitually occupied by the family at the time of separation. So even if only one spouse is on title or it was purchased before marriage, both spouses have equal rights to occupy it and it cannot be sold without both party’s consent.

Keep in mind that this only applies to property in Ontario. Secondary homes or cottages located in another province or country do not qualify as a matrimonial home under Ontario family law.

The designation of a cottage as a matrimonial home is not black and white and it may be up to the courts to decide if it qualifies. However, if you’ve been using it as a family - even if only a few times a year - chances are it will.

If you are considering buying a cottage before marriage, how do you protect your ownership of this asset should you marry and later divorce? The best way to protect a secondary property is through a prenuptial agreement that specifically excludes it from being shared. It is important to note, however that the rights of possession and protection from a sale as noted above, are still available to your spouse under the Family Law Act.

What if you’re already married? If you are the only one on title, you can still protect this asset. If both spouses designate the “city” family home as their matrimonial home, then any other property not registered by both spouses ceases to be considered a matrimonial home. Both spouses must agree to this, as a designation by one spouse only will have no effect.

One final point to note is that these rules do not apply to common-law couples, even if you have children together. Always consult a family law lawyer regarding property ownership and division to ensure you understand your rights and obligations.