The methods to sever appear to be as follows: 1) disposition: if any or all of the joint tenants convey or dispose of their interests in a property to another party, then …
Unjust Enrichment and Matrimonial Home
Question: My client has been living “common law” for 15 years. She is not registered on the title to their home. Does she have any rights? Answer: This area of …
Joint Venturers or Just “Common Law”
Question: It’s been a while since I’ve dealt with the rights for common law couples. They’ve been living together for approximately 15 YEARS… all in his name. She now knows …
Spouse as Defined in the Family Law Act
The real problem with the term “spouse” is that there are actually two definitions, not one, but two. For the sake of simplicity, I will describe them as: Property spouse, …
Calculating the Equalization Payment in Ontario
Question: After a few years marriage, John and Maria are divorcing. John brought in $20,000 and Maria brought in $50,000.The difference, $50,000-$20,000=$30,000 should be equalized during divorcing process and Maria …
Joint Tenancy: Statutory Termination
You might wonder about the statutory termination of a joint tenancy under the provisions of the Family Law Act. It is important to review the Act carefully in order to …
Who Gets Your Estate?
Ontario Are you married or not? Are you living together with someone in a marriage like relationship? In Ontario, you need to be married to be a spouse. In British …
Spousal Consent and the Pre-nuptial Agreement
Ontario The issue of spousal consent arises frequently. The law has its basis in the Family Law Act. There are certain “rights” that are afforded to a spouse in respect …
Signature of Spouse on Listing
(Ontario) Question: The Owner signs the listing and all is good, but then the spouse (common law) not on title REFUSES to sign? Answer: Be sure not to give the …
Getting the Spousal Consent
From time to time, this can be quite stressful for real estate agents. One spouse owns the house. Both spouses lived in it. They have broken up and they are …