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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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 …

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