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Division of Property: The Matrimonial Home

Division 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 …

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Common Law and Property Equalization

Common 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 …

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False Allegations During Divorce Proceedings

False 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 …

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Property Division: Pensions

In 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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The Depletion of Assets

The equalization of net family property is triggered “when a divorce is granted or a marriage is declared a nullity, or when spouses are separated and there is no reasonable prospect that they will resume cohabitation” (s. 5 (1) Act).  However, if the spouses are cohabiting and have not yet separated, a court can still …

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Division of Assets

Division of assets at the end of a marriage can be extremely complex and confusing. It is important that you understand your rights and receive the best advice from your Toronto divorce lawyer. As explained in the article Distribution of Property in Ontario: The Basics: When a marriage is dissolved, each partner is entitled to …

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