Humber/Ontario Real Estate Course 1 Exam Practice

The right of possession to a matrimonial home generally:

1. Allows only the spouse who owns the home to live there.

2. Allows the registered owner to mortgage the property without consulting with the non-owner spouse.

3. Extends to both spouses according to relevant family law.

4. Allows the registered owner to sell the property without consulting with the non-owner spouse.

5. Requires court approval for any changes.

6. Only applies if the home is co-owned.

The correct answer is: Extends to both spouses according to relevant family law.

The right of possession to a matrimonial home is fundamentally governed by family law, and it recognizes that both spouses have an equal right to live in the home regardless of ownership. This principle ensures that one's ownership of the property does not negate the other's right to reside in it, reflecting the importance of stability and security within a marriage. In the context of family law, even if one spouse is the registered owner, both partners can claim possession of the matrimonial home, illustrating the recognition of shared contributions and responsibilities within the marriage. This supports the idea that marital relationships involve mutual rights and obligations that extend to living arrangements. Considering this principle, other options appear to misrepresent the implications of ownership and possession in a matrimonial context. For instance, allowing only the spouse who owns the home to live there contradicts the fundamental equal rights under marital law, while suggeting that consultation is not required for mortgage or sale decisions overlooks the legal protections afforded to both partners regarding the family home. These distinctions highlight the significance of mutual consent and shared rights in matters relating to family property.