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. …
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 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 MoreQuestion: 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 …
Read MoreWhen two people make the decision to separate, there are a number of issues that need to be resolved before the divorce can be finalized. Issues such as child support, child custody, spousal support and the equalization of property. The outcome of these discussions will represent a new reality going forward. But what about what …
Read MoreDivision 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 …
Read MoreCommon Law and Property Equalization When a marriage is dissolved, each partner is entitled to share one half of the increase in value of their family property and must also share in the losses amassed while they were married. Any increase in the value of property owned by one spouse during the time the couple …
Read MoreFalse Allegations During Divorce Proceedings Unfortunately, from time to time, when a marriage breaks down, some spouses take the dramatic step of making false allegations during divorce proceedings against the other spouse. Particularly during highly contested custody battles. To be sure, domestic violence is a terrible crime and continues to be a significant societal concern …
Read MoreSeparation Without a Court Battle When couples decide to separate, many questions begin to swirl. What would the impact of a divorce be on the children?; should the house be put on the market?; How much is a Court case going to cost?; and could this separation bankrupt both parties? It is rarely easy to …
Read MoreIn Ontario, property division post-divorce is governed by the Family Law Act, which mandates the “equalization of net family property.” Your Toronto divorce lawyer is very familiar with this concept. For more details, please read “Distribution of Property in Ontario: The Basics.” It is apt to remember, the property division laws are only applicable to …
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