Matrimonial Home — rights that operate outside the will

This is legal information only. For advice on your own circumstances, speak to a lawyer.

The family residence, given special protection under provincial family law.

In Islamic law

A spousal election can override the distribution a will sets out, including a faraid distribution. This is a planning point, not a detail.

In Canadian law

In Ontario a surviving spouse has rights in the matrimonial home that operate independently of the will, and a spouse may elect between the will and an equalisation of net family property.

Across the madhahib

We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.

Canadian legal detail

Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:

Note

This is legal information only. For advice on your own circumstances, speak to a lawyer.

Citations & sources

Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.

Canadian legislation & government

Family Law Act, RSO 1990, c F.3 — Government of Ontario
Succession Law Reform Act, RSO 1990, c S.26 — Government of Ontario