Many of you might know that under the Ontario Family Law Act (FLA), your matrimonial home has special status once you decide to separate from and divorce your spouse. At that point, your matrimonial home (defined as every property that “was at the time of separation ordinarily occupied by the person and his or her spouse as their family residence”) is subject to special rules governing how it...
Divorce proceedings often bring out the worst in couples, with some resorting to deceitful tactics to avoid their financial obligations. A recent case in Ontario sheds light on the severe consequences of such “bad faith” actions, highlighting the importance of honesty and integrity in legal matters.
The Case: A Tale of Fraudulent Transfers and Deception
In this case, a husband...
When a marriage isn’t working out, and a couple is ready to move on from the relationship, many people automatically assume that divorce is the next step in ending the marriage. There is a law in Ontario that states couples must be legally separated for at least one year before they can file for divorce. So, what is a legal separation? Here’s what you need to know.
What is a legal separation?...
If a person makes a greater contribution to the purchase of a Matrimonial Home, does this mean they are entitled to a greater interest in the home?
In the summer of 2011, the parties each sold their respective homes. In October, 2011, they purchased a home and began residing together in it. This home became the matrimonial home when they married. The price was $1,125,000. Mr. Black...
The Matrimonial Home is, in many cases, the separating parties most valuable asset. The parties wish to obtain their equity from the house and move on with their lives. How does this work? Either the parties agree to list the house for sale or one party can purchase the other party’s interest the Matrimonial Home. This normally takes place after discussing their options with a...
Prenuptial Agreements or Marriage Contracts are not just for the rich.
Marriage is a partnership. Anyone entering into a partnership should understand the terms of that relationship and protect their rights with due diligence. That means most people, especially those individuals bringing assets into the marriage, should take the time to draft a Prenuptial Agreement or Marriage Contract....