Ontario Court Awards Matrimonial Home to Dependent Spouse: Lessons for Family Law Clients
When a spouse passes away, the surviving partner’s financial security can become uncertain especially if the will leaves them with little support. A recent Ontario Superior Court of Justice decision illustrates how the law protects dependent spouses when estate planning falls short.
The Case at a Glance
The applicant (a widower) sought support under the Succession Law Reform Act (SLRA) after his late wife left the majority of her $6.9 million estate to her son. Although she provided the applicant with a $250,000 bequest and a life interest in their condominium, he argued this was not enough to meet his needs or reflect their marriage. He also claimed his late wife had promised to put him on title to the condo, which had been their matrimonial home.
The deceased’s son opposed the claim, arguing that the applicant was not truly dependent and had already received fair provision.
Court’s Decision
Justice Jensen found:
- The applicant qualified as a dependent spouse under the SLRA.
- The deceased failed to make adequate provision for him, given his age, health, and modest income.
- The condominium, as the matrimonial home, was essential to his financial security and dignity.
The court awarded the widower full ownership of the condominium and confirmed his right to the $250,000 bequest.
Why This Matters for Families
This ruling highlights several key points for family law:
- Matrimonial home rights continue after death – even if the home is left to another beneficiary.
- Adequacy of support matters a spouse’s future care needs and financial stability must be considered.
- Promises about property can influence outcomes – oral or informal assurances may be recognized by the court.
Takeaway for Spouses
If you are a surviving spouse who feels inadequately provided for in a will, Ontario law gives you avenues to claim support and secure the home you shared. Likewise, if you are planning your estate, consider the obligations you owe to your partner.
At IQBAL LAW, our family lawyer is here to help you understand your rights and ensure your financial security. Contact us today for advice on matrimonial homes, dependent support, and estate disputes.
DISCLAIMER:
The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.