When is a home matrimonial?

As Realtors we have been pounded on that when two married people have lived as a married couple in the same home, that the home is matrimonial and permission to sell the home is required by the non titled spouse simply to sell the home. Is that always the case?
Well, in lawyers words, that depends.
In a recent example a listing was held by a brokerage where one spouse had title. The other spouse had moved out of this home some time ago and the two, still married spouses lived in two separate homes. Was the original home a matrimonial home? Well that depends.
Most Realtors would say yes. The problem is, we are not lawyers but Realtors. We do not interpret the law. Nor do we write the law. We must live by what the law states only.
So, in this case, take the question to a higher authority, your. Broker, Manager or a lawyer who represents you or your client.
In this example the seller spouse on title stated it was not a matrimonial home. Just sell it and he would deal with all matrimonial issues. A review with the brokerages lawyer we found that the matrimonial status of the home was questionable. In fact, since both spouses owned a home, perhaps the home  for sale was not matrimonial.
So, could we sell it without a matrimonial spousal signature, yes. Would it be best to have that signature? Yes. But could we sell it and close it without on?  Yes.
So there is no straight answer for this question. If you ask five lawyers, you will get five answers.

My answer, that depends! Guess I am sounding like a lawyer!