What Happens if You Miss the Deadline for Making an Application for Division of Property?

We’ve previously blogged about division of property, and the critical role this plays following a separation and/or divorce. This week, we review a commonly asked question: what happens if a former spouse misses the deadline for applying for division of property? This issue was explored several years ago in Martynko v. Martynko. What Happened? The …

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Are Personal Injury Structured Settlements Considered Property or Income in Divorces?

The Ontario Court of Appeal has clarified whether a structured settlement obtained in a personal injury case is considered property or income during the process of property division and equalization.  The Court ruled that structured settlement funds should be treated as income in divorce proceedings. What Happened? The parties were married in December 1995. It …

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Common Law Partners and Joint Tenancy

An Ontario court recently ordered that a man who was found to have gifted his former common-law spouse a 50% interest in the home they had lived in together had to either buy out the former spouse’s half interest, or the home had to be sold and profits divided equally if he wanted to resolve …

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Living Separate and Apart Under the Same Roof

One of the most important property-related issues that must be dealt with during a separation and/or divorce is the equalization of net family property.  In a nutshell, Ontario’s property equalization scheme provides that when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the profits of the marriage. …

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Occupation Rent – When is it Awarded?

If you are going through a separation, one of the issues you may have to consider is whether you or your spouse may owe the other occupation rent if one of you stays in a jointly owned matrimonial home. Section 24(1)(c) of the Family Law Act, R.S.O. 1990, c. F.3 provides that if one spouse is …

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Division of Net Family Property – Is it Always Equal?

You know that when a relationship ends, property gets divided up.  But does it always have to be a 50/50 split? Section 5 of Ontario’s Family Law Act  (FLA) deals with the equalization of net family properties upon the breakdown of a relationship. The general rule for the division of property is set out in subsection 5(1): …

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The Basics of An Annulment

Question: I don’t want to get divorced. Can I get an annulment instead? Answer: Annulments are different from divorces. A divorce is the legal end to a marriage, granted by a Judge. In Canada, you can obtain a divorce if there is a breakdown in the marriage, based on one of three grounds: living separate …

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Division of Property: The Matrimonial Home

Division of Property: The Matrimonial Home For many people, the largest asset that they may ever own is their matrimonial home. It is meant to be a place of security and comfort where couples hope to rear and raise a family. So it is not surprising that the matrimonial home receives special attention during any …

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