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.

The division of property following a separation can be complex and emotionally charged. The process and principles governing this division largely depend on whether the couple is married or in a common-law relationship. This article will shed light on how property division works for both scenarios, based on the Family Law Act, R.S.O. 1990, c. F.3.

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 Family Law Act is a significant piece of legislation that provides a legal framework for marriage, separation, and divorce. One of the key features of this legislation is the protection it offers to both spouses in relation to the matrimonial home. The implications of these rights can have a profound effect on both parties, particularly in the event of a marital breakdown. Therefore, understanding these rights is not only crucial but also necessary for anyone in a legally recognized relationship.

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'.

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.

Family law often involves complex and emotionally charged financial decisions, among which equalization payments play a crucial role. Equalization payments refer to the monetary payments made between spouses during a divorce or separation to balance out the division of assets. There are several methods for satisfying equalization payments, and the court can place specific conditions to ensure the payment is fulfilled considering both spouses' financial situations.