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.

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 recent times, a significant development in the law of unjust enrichment in the family law sector is the concept of Joint Family Venture (JVF). This term, primarily derived from the business domain, indicates a partnership for mutual profit. However, in the context of family law, it refers to a relationship where both parties contribute in various ways for wealth accumulation and management. The concept of JVF can be a complex one, with numerous factors playing into its identification and application. In this blog post, we'll delve deeper into the concept of JVF, its applicability in unjust enrichment claims, the factors for identifying a JVF, and its application to pensions.

The termination of a common law relationship can be a complex process, particularly when it comes to dealing with property disputes that may arise. In Ontario, the Family Law Act presents several ways to address and resolve these disputes, although it's critical to understand that these laws apply differently to common law partners as compared to legally married spouses. In this detailed review, we will delve into the intricacies of the Family Law Act, examining the specific provisions of Section 34, as well as the role restraining orders and injunctions can play in property disputes between common law partners.

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 property division in domestic contracts can be complex. It's essential to understand how rights with respect to the division of property can be modified or extinguished by a domestic contract, the limitations of these contracts, and how spouses can provide for a marriage date deduction.

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.

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.

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.