Brian Madigan LL.B. Question: I am concerned about my mother. Ten years ago, she married a man who now seems to be in ill health. He has operated his own …
Joint Tenancy: Estate Problems
By Brian Madigan LL.B. While there are some advantages to joint tenancy, there are also some problems. The primary advantage is the ease of administration of a deceased’s estate. It …
Non-Titled Spouse and Rights Concerning Deceased’s Estate
Question: The wife survives but she is not on title. This is a second marriage, so the Will includes the husband’s children of his first marriage. Can she stay in …
Severance of a Joint Tenancy
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 …