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 …

Read More

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.

Read More

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 …

Read More

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 …

Read More

Can an ADHD Be Used to Set Aside a Family Court Order?

Ontario’s Family Court recently dealt with the interesting issue of whether an order obligating a separated couple to sell their matrimonial home should be set aside because of a variety of hardships claimed by the wife, including ADHD. What Happened? The parties separated in June 2016. They have two school-aged children who continue to live …

Read More

Protecting Gifts and Inheritances in Family Law

  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 More

Categories

Contact

Questions? Send us an email

Contact Form - Home
Sending