1.

Yes, Ron and Hermione own two matrimonial homes: the house they jointly bought and

own in the second year of their marriage, as well as the cottage in Muskoka that Ron

bought in the fourth year of their marriage. The house they bought together is a

matrimonial home because, it was, at the time of their separation, “ordinarily occupied

by the person and his or her spouse as their family residence.” Ron and Hermione were

living in this house together up until their divorce, which defines it as a matrimonial

home. Furthermore, the cottage in Muskoka is also considered a matrimonial home

because the law states that “if the home is a seasonal home, such as a cottage, for

example, as long as the couple was using it as a cottage together in the past twelve

months or so, it will also be a matrimonial home.” The facts state that Ron and

Hermione have used the Muskoka cottage within the past five years of their marriage,

and lived in it most of the summer of 2017, which is within twelve months before their

divorce, therefore establishing it as a matrimonial home. In contrast, the house that

Hermione owned before their marriage is not considered a matrimonial home because

they have not been living in it and using it as a family residence on the date of their

separation. Similarly, the Collingwood ski chalet is also not considered a matrimonial

home because it is a seasonal home that has not been used in the twelve months prior

to their divorce, as the facts state that “Ron did not go to the Collingwood condo at all

by the spring of 2014.”

2. Ron cannot live in Hermione’s house without Hermione’s permission because it is not

considered a matrimonial home. Regardless of the fact that Hermione owns the house,

it is not considered a matrimonial home because the couple has not been living in it and
 using it as a family residence at the time of separation. The facts state that they’ve only

been living in this home until the second year of their marriage, and for the rest of their

ten year marriage, they’ve been living in the jointly owned house while this house was

rented out by Hermione. Clearly, it’s been unoccupied by the couple for a significant

amount of time prior to their separation, deeming it as a house that is not a matrimonial

home, meaning Ron cannot live in it without Hermione’s permission.

3. Ron can’t do that because their jointly owned home is a matrimonial home. As

discussed in the answer to Question 1, their jointly owned home is a matrimonial home

because they’ve been living in it on the date of their separation. As a result, because it’s

a matrimonial home, the home must be “shared equally between the parties through

the process of equalization of Net Family Property.” This means that “both spouses are

entitled to equal possession of [the home]”, and that one spouse can’t arbitrarily

remove the other, which Ron has done.

4. Ron can’t put the Muskoka cottage up for sale because it is a matrimonial home, as

discussed in the answer of Question 1. According to s.21(1) of the FLA, even if one

spouse owns a matrimonial home entirely, which Ron does in this case, “he or she can’t

sell it, mortgage it, or give it away, without the written permission of the other spouse.”

5. Hermione can put the Collingwood condo up for sale because it is not a matrimonial

home. As discussed in Question 1, the Collingwood condo is not a matrimonial home

because it is a seasonal home that has not been occupied in the twelve months prior to

their separation. As a result, Hermione has full ownership over the condo because it is
not a matrimonial home. This gives her the right to seek economic gain by selling the

house.