ccording to s. 18(1) of the Family Law Act, a matrimonial home is any property in which a person has an interest and which is ordinarily occupied by the person and his or her spouse as their family residence. Even if the spouses have separated, the property is considered a matrimonial home if it was their ordinary residence at the time of separation. Courts determine this based on the occupancy patterns leading up to the date of separation. Interestingly, it is possible to have more than one matrimonial home, as illustrated in Debora v. Debora, where a summer cottage was also deemed a matrimonial home.

Acquiring an interest in land can be a complex process filled with legal intricacies. Among these complexities are the cautions set out in the Land Titles Act, R.S.O. 1990, c. L.5. These cautions act as protective measures for individuals who claim an interest in land. Let's delve into the specifics of these cautions, and understand the potential liabilities involved.

In this blog post, we will delve into the complexities of matrimonial home rights under the Family Law Act. This law, a cornerstone of family law, dictates the rights and responsibilities of spouses regarding the matrimonial home in certain scenarios. It serves as a legal safeguard and is often invoked when one spouse is absent, incapacitated, or unreasonably withholding consent in matters related to the home.

When a marriage ends, there are numerous legal issues that must be addressed. These include property division, support, and child custody. However, in the early stages of separation, one of the most immediate concerns relates to the matrimonial home. In this post, we will discuss changing the locks and retrieving property left behind, two common issues that arise in the context of a separation.

Exclusive possession, a complex aspect of family law, often comes into play during divorce proceedings. This order can cause significant upheaval as it might require a spouse to vacate their house and find new living arrangements. However, the Family Law Act, R.S.O. 1990, c. F.3 (“FLA”), outlines specific criteria to be considered before such a determination is made.

Navigating the legal landscape of matrimonial homes can be daunting. The process involves various legal terminologies and procedures that may be unfamiliar to many individuals. In Ontario, Canada, the Family Law Act provides a comprehensive legal framework for designating and cancelling a matrimonial home.

The Family Law Act, R.S.O. 1990, c. F.3 (“FLA”), has specific provisions that govern the management and possession of matrimonial assets during the process of legal separation or divorce. One of the key elements in this legislation is Section 24(1), which provides a detailed framework for various scenarios related to matrimonial homes and their contents.

The Family Law Act (FLA) plays a pivotal role in shaping the dynamics of property rights, specifically in the context of joint tenancies in matrimonial homes. This is especially true when a spouse shares ownership with a third party. This blog post aims to dissect and understand the implications of Section 26(1) and s. 26(2) of the FLA on these arrangements.

In the context of family law, the division of household contents often emerges as a potentially contentious issue. While these items may possess relatively low monetary value, they often carry an immense sentimental value, which can trigger bitter disputes. Unfortunately, in some instances, the legal fees expended over these items can surpass their actual worth.

The term 'matrimonial home' holds a distinct status in Ontario family law. It is essentially a property resided in by spouses as a family at the time of separation. But, it isn’t as simple as it sounds. There are specific criteria that a property must meet to qualify as a matrimonial home. This post will explore the definition of a matrimonial home, what qualifies as such, and give examples of various types of matrimonial homes.

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.

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).

In the unfortunate event of a marriage breakdown, one of the most complex and often contentious aspects to handle can be the division of property. The Family Law Act, R.S.O. 1990, c. F.3, provides a robust legal framework for this purpose. The process primarily involves calculating the increase in each spouse’s net worth during the marriage, also known as the Net Family Property (NFP), and making an equalization payment. This process, while seemingly simple on the surface, can become intricate due to various factors that we will discuss in this article.