Let’s assume that Bob and Wilma don’t get along. They have been married for 20 years and for the last 12 years have resided in their present home. Somebody has …
The CMA for Divorcing Couples
From time to time agents will be asked to do a CMA (comparative market analysis), that is an opinion about the current value. These situations are always tricky. If it’s …
Termination of Joint Tenancy
Matrimonial Home Spouse and One Other Question: I was looking on line for precedent to support the argument that 26(1) of the FLA does not sever a joint tenancy of …
Husband’s Right to the House after Wife’s Passing
Question: Husband and wife live in home. Wife is the only one on title. Wife passes away. Does home automatically transfer ownership or does it have to be willed? Answer: …
Investment Properties at Risk to Common Law Spouses
The Supreme Court of Canada just changed the rules on 19 February 2011. Periodically, the Court will conclude that existing laws are out of date with reality. The Court brought …
Execution of the Spousal Consent
Agreements of Purchase and Sale in Ontario contemplate the need for the execution of the Spousal Consent. Most married couples will own their matrimonial home in joint tenancy. In such …
Matrimonial Home ~ Special Rights in Ontario
Matrimonial homes in Ontario are subject to special considerations. In most cases, people believe that if a couple is married, then the house is split 50/50. Others, usually older people …
Matrimonial Home Designations in Ontario
There is an opportunity under the Family Law Act to designate a home as a “matrimonial home”. You might think that married couples would wish to avail themselves of this …
Canadian Government Denounces “Marriage Fraud”
In a new publication entitled “Welcome to Canada: What You Should Know”, the government deals with the issue of “marriage fraud”. Here’s the note on Marriage: Marriage Marriage is a …
Thinking of Living Common Law?
By Brian Madigan LL.B. 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 …