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Court Orders Sale Of Matrimonial Home

Upon the breakdown of a marriage through separation or divorce, what happens to the matrimonial home can be one of the more difficult issues to navigate. Not only can there be a great deal of emotional investment into the home, with both parties feeling strong ties to it, but a home can often be a …

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Home Is Where The Dispute Is

Following a separation a couple might avoid a costly trial by coming to agreement on a number of items, possibly negating the need for a trial at all. However, sometimes an agreement might ultimately lead to further confusion or litigation. Such was the case in an decision recently issued by the Court of Appeal for …

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Comments on the Matrimonial Home

Have a read about the matrimonial home and the fluctuating housing market. https://www.advocatedaily.com/jennifer-samara-shuber-family-home-is-an-emotional-asset-in-a-volatile-market.

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Like it or Not: Forcing the Sale of the Matrimonial Home

The court recently examined the interesting question of whether, and under what circumstances, a party can obtain an order to sell their matrimonial home even when their spouse opposes the sale.   The Parties’ Story The parties were married in 1979, separated and reconciled in 2009 and 2014, and separated for a final time in …

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Matrimonial Home: Special Asset for Married Spouses

Any property used by married spouses at the date of separation as a family home is a “matrimonial home” under the Family Law Act. A matrimonial home is special and treated differently than any other property belonging to married spouses.  The definition of a matrimonial home is set out in section 18 of the Family …

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