Ordinarily, one would think that the proceeds of the sale of property should be divided 50/50 in the case of “Joint Tenancy”. However, that was not the case in Kamermans v. …
Dower Rights in Ontario
Dower rights in Ontario have come and gone. Of course, they came with the “common law” but they went when the Family Law Reform Act was enacted on 31 March …
Warring Spouses Selecting an Agent
Question: I’ve heard of feuding spouses in a divorce hiring two different realtors to list their matrimonial home because they couldn’t agree on who to hire. What is the “best” …
Spousal Consent and the Father-in-law’s House
Question: Husband and wife live in a house. It is owned by the father of the husband. They separate and he’s looking to sell. Is this a matrimonial home? Spousal …
Resumption of Co-habitation by Divorced Couple
(Ontario) Question: If a divorced couple decided to live together again, does the non-owner have any rights in the property under the Family Law Act? Consider the fact that they …
Matrimonial Home Act Questions and Answers
(Ontario) Here are your questions with some responses: Q. Any property can be designated by both spouses as a matrimonial home by joint registration. A. No Q. All other matrimonial …
Family Law Act Issues with Matrimonial Home Designations (Ontario)
There are a few points to consider here: Only a property which is a matrimonial home may be designated as a matrimonial home, Most properties are not designated whatsoever by …
Dividing up the Matrimonial Home Between Spouses (Ontario)
There are two issues under the Family Law Act concerning a matrimonial home: Possession, Equity. The Act says that you can’t deal with the issue of possession. But, of course, …
Matrimonial Home Issues in Ontario
Question: 1) I know a Matrimonial home can be owned but can it also be leased or rented as long as it is used yearly? 2) Can you have more …
Investment Property and Family Law Act Consent
Question: As a Listing agent, I was referred a client named Brad (not his real name) who is married to his wife Angelina (also not her real name)… just thought …