Question: My client has owned her condo for over 20 years. She got married almost 2 years ago. She is now selling her condo and they will purchase a new …
Improper Lease of Premises
Question: A couple are going through a divorce settlement. They are both on the title to various investment properties. The Court has ordered all properties listed for sale immediately. One …
Cohabiting: You May have a Claim for Unjust Enrichment
Vanasse v. Seguin In April 2010, The Supreme Court of Canada made one of the most important family law decisions. Ms. Vanasse was in a common-law relationship that lasted 12 …
A Support Spouse
Only a Property Spouse has rights to the Matrimonial Home Question: Is a ‘support’ spouse the same as what the public usually refers to as a ‘common law’ spouse? Answer: …
Elderly Couple Live Together: Any Rights?
Question: An elderly couple in their early ‘80’s meet, and decide to move in together. She had a townhouse and changed title to her daughter’s name. She has been in …
Can a Corporation Be a Joint Tenant?
From time to time people wonder whether a corporation can hold title as a joint tenant. After all, it can’t really die? Strange question, in fact, I have been asked …
Divorced: but still stuck together!
You probably never thought of this and it certainly doesn’t happen very often, but when it does it definitely causes havoc. Let’s take the case of Jim and Wendy. Wendy’s …
Be Sure About Beneficiary Designations
In a recent case, the Ontario Court of Appeal, Fair v. BMO Nesbitt Burns Inc., 2022 ONCA 711, looked into the issue of beneficiary designations, the fiduciary duties of an …
Common Law Separation and Real Estate Accounting
Question: I have a woman client, who bought a house in 2016, with her common law spouse. Both names were placed on title. My client leaves their common law spouse …
Common Law Property Rights
Often, couples living common law will mistakenly believe that they have equal ownership of the family home. This is not the case. They will only have equal ownership if they …