In Ontario, marriages are deemed to be a form of economic partnership. As such, at the end of the marriage, under Ontario law, the spouses have a right to share in the wealth generated during the marriage. This is accomplished by a process called equalization under the Family Law Act (“FLA”). Equalization is a …
Read MoreBuying property is expensive. Nowadays, many first time buyers are assisted by the kind contribution of parents or in-laws. If someone in your family is generous enough to provide you with funds, make it clear whether these monies are a gift or a loan. It can make a difference down the line if the marriage …
Read MoreFor some people, deciding who gets the pets after a divorce can be just as difficult and heartbreaking as determining custody of the children. Pets often become part of the family, but the law in Ontario considers them personal property to be divided at the end of a marriage. This means that no matter how …
Read MoreIf 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 …
Read MoreWhen you think about divorce, you probably think about all the normal things that you and your soon-to-be-former spouse must split up: time with the kids, money, the house, and the bills. But you also have to decide how to divide your personal property. Whether it’s something as big as an expensive television or as …
Read MoreYou 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): …
Read MoreMatrimonial Home and What that means for you Your home. It is likely your most valuable and valued asset. But were you aware that your home may qualify for special treatment under Ontario law? A matrimonial home is defined by the Family Law Act as every property in which a person has an interest which is …
Read MoreNew rules for pension division upon the breakdown of spousal relationships came into force in Ontario as a result of amendments to the Ontario Family Law Act and Pension Benefits Act. Pursuant to the Family Law Act, the imputed value of married spouses’ pension assets constitutes property. Married spouses who decide to end their marriage …
Read MoreQ: When we separated, my spouse left the home. I changed the locks and now he cannot enter the home unless I allow him access. How will the courts view this? A: Absent a court order that grants one spouse exclusive possession of the matrimonial home, you are not allowed to take steps to frustrate …
Read MoreA matrimonial home is defined as any property in which you have an interest and in which you were using as a family residence at the time of separation. More than one home can be considered to be a matrimonial home, including cottages and vacation properties. Regardless of who owns the home(s), you and your …
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