The end of a marriage often signifies the commencement of a challenging process of dividing shared assets, which can become particularly complex when dealing with the matrimonial home. One of the lesser-known aspects of this process is the principle of "occupation rent". Despite its relative obscurity, this concept plays a pivotal role in divorce proceedings, especially when one spouse continues to live in the jointly owned matrimonial home after the separation.

Occupation rent is a complex legal issue that often arises in instances such as divorce, where one party continues to occupy a jointly owned property. It's not automatically granted but is seen as a tool to achieve justice, being awarded when reasonable and equitable. Various factors are taken into account when assessing claims for occupation rent, as well as other adjustments or credits when calculating the award.

Marital disputes can be a trying time for any couple. As emotions run high and tensions escalate, one significant concern that often arises is the possibility of one spouse depleting the equity in the matrimonial home or disposing of it altogether. This concern is particularly alarming when the home is solely owned by one spouse, who may attempt to hide or dissipate the assets. In this blog post, we delve into the details of how a preservation order can help prevent these actions and safeguard your home's equity.

Navigating the world of mortgages can be daunting, filled with terms and concepts that may seem complex and confusing. However, understanding these terms can be instrumental in making informed and financially beneficial decisions.

The process of property division during a divorce can be a complicated affair, especially when there are disputes regarding the ownership of certain assets. The intricacies of title ownership, legal presumptions, and resulting trusts within the realm of family law can often add layers of complexity and confusion. However, a clear understanding of these concepts can provide much needed guidance and clarity, thereby streamlining the process and ensuring fairness for all parties involved.

The Family Law Act emphasizes that spouses cannot unilaterally dispose of, or encumber an interest in the matrimonial home. However, there are exceptions, such as the other spouse's consent, rights released by separation agreement or court order, or another property being designated as a matrimonial home by both spouses. The term 'encumbrance' refers to any burden on the property, like a claim, lien, or liability attached to it, with mortgages, loans, or lines of credit being typical examples. These encumbrances can significantly impact a spouse's interest in the matrimonial home, hence the need for consent or legal provisions to regulate such transactions.

Property valuation is a crucial component in the real estate industry. Whether you're buying, selling, or refinancing a home, or simply interested in the worth of an investment, understanding how your property is valued can influence your financial decisions significantly.

Occupation rent is a concept that is often addressed in matrimonial property disputes. Essentially, it is a form of compensation claimed by a spouse who has moved out of the matrimonial home, while the other spouse continues to live there.

Divorce is a complex process that often involves the division of property and the determination of who gets to stay in the matrimonial home. In Ontario, it's crucial to understand that the Family Law Act gives both spouses equal rights to the matrimonial home. This post will discuss the rights to a matrimonial home during a divorce process, focusing on the concepts of 'Title and Ownership', 'Exclusive Possession', and 'Right of Possession'.

Family law encompasses a broad range of legal issues, from child custody to financial disputes. However, one area that can be particularly complex is the rights associated with the matrimonial home. Today, we're taking a close look at one crucial aspect: the right of redemption.

When a relationship ends in separation, the question of what to do with the matrimonial home often arises. This can be a stressful time for both parties involved, and the legal complexities surrounding the sale of the matrimonial home can add to the emotional toll. It's not uncommon for one spouse to wish to sell the home after separation, but this can lead to disagreements if the other party is not in agreement. This article aims to shed light on the legal options available to both parties based on the ownership status of the home and the factors that a court will take into account when deciding whether to authorize a sale.

Family law is a vast and complex field of legal practice that touches on various aspects of family relationships. One important area is the protection of matrimonial homes in Ontario, particularly when it comes to transactions that encumber or dispose of them. This blog post will delve into three main aspects of this issue, as governed by the Family Law Act (R.S.O. 1990, c. F.3).

Severing a joint tenancy is a legal process that changes the property from a joint tenancy arrangement to a tenancy in common. This process is particularly relevant in a matrimonial context, where a change in the relationship status may necessitate a change in the property ownership structure. The following blog post will examine the reasons for severing a joint tenancy, the considerations to be made before taking this step and the methods to effect the severance.

The world of family law is filled with complex legal jargon and concepts that can often confuse those without a background in law. One such term that is often thrown around during property disputes in family law cases is a 'resulting trust'. This blog post aims to shed some light on what a resulting trust is, its relevance in family law, and how it differs from other types of trust claims.

In the realm of family law, a trust relationship plays a crucial role, especially when it comes to property rights and the division of assets. One such trust relationship that is often encountered is the "resulting trust".

Family law, a specialized area that deals with familial and domestic relations, often involves complex legal concepts. Among these is the principle of unjust enrichment, a term that frequently finds mention in property disputes between spouses, particularly when a relationship terminates. The idea behind unjust enrichment revolves around the concept that no party should gain an advantage at the unnecessary expense of another.

A common error is the inability to distinguish between a resulting trust and a constructive trust. It's crucial to understand that these are separate legal concepts, each with its own set of requirements. A blanket request for both types may be ineffective if the case facts do not support one of the claims, usually the resulting trust. Therefore, ensure you have a clear understanding of each concept before asserting your claim.

Unjust enrichment is a principle of law that occurs when one person is unjustly or by chance enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing. Once unjust enrichment is proven, the court has to decide on appropriate remedies, which could be either a monetary award or a proprietary remedy.

Unjust enrichment claims in the context of family law can be complex yet integral to ensuring fair property distribution between partners after a relationship ends. This concept often revolves around a spouse claiming a share in a property's ownership or value, legally owned by the other spouse, based on their contributions to the property or the relationship. To comprehend this better, we will delve into the key aspects of unjust enrichment claims in family law, including the test for unjust enrichment, juristic reason analysis, and how these claims apply to married spouses.

Unjust enrichment is a fundamental and crucial component of Canadian law. It addresses situations where one party has unjustly benefited at the expense of another, causing imbalance and potential injustice. This legal principle aims at ensuring fairness and justice, correcting these imbalances by imposing certain obligations on the enriched party. To identify unjust enrichment, there are specific test criteria that need to be satisfied. This blog post will provide an in-depth analysis of these criteria, shedding light on their intricacies and significance in the realm of law