Upon the breakdown of a marriage or common-law partnership, parties must determine how to divide their property, which commonly includes their matrimonial home. There are numerous ways to address these issues, including dispute resolution outside of court or negotiating the terms in a separation agreement. It can be helpful for the parties to prepare a… Continue reading Court Upholds Calculation of Matrimonial Home’s Value in Agreement
Category: Matrimonial Home
Does the Court Have Jurisdiction to Divide Overseas Property?
During a marriage, couples may invest in properties outside of Canada. For example, rental properties may be held by a holding company in which one or more parties are shareholders. Upon a divorce, these assets may be considered family property, which must be valued and divided. These assets may also be a significant portion of… Continue reading Does the Court Have Jurisdiction to Divide Overseas Property?
How to Value a Professional Practice for Property Division and Support
Doctors, lawyers, dentists, and other professionals may run their practice through a professional corporation. Upon a divorce, the value of this professional corporation may need to be divided as family property. Additionally, the salary received from the professional corporation and value of the professional corporation may be relevant for determining a payor’s Guideline income for… Continue reading How to Value a Professional Practice for Property Division and Support
Does Your Ex-Spouse Need to Pay Rent for Living in the Marital Home?
Both parties must make arrangements for their new living situations upon a divorce. In some cases, one ex-spouse may remain in the matrimonial home. They may or may not be paying for expenses related to the home. It may be possible in some circumstances for the spouse who moved out to claim occupation rent in… Continue reading Does Your Ex-Spouse Need to Pay Rent for Living in the Marital Home?
Buying Out Your Partner’s Interest in the Family Home After Divorce
To obtain a divorce, the parties must decide how to divide their assets, including a family (or matrimonial) home. In some cases, one spouse may remain in the family home after separation, and they may want to buy out their ex-spouse’s interest in the house to keep it rather than sell it. There may be… Continue reading Buying Out Your Partner’s Interest in the Family Home After Divorce
When a Matrimonial Home Isn’t Subject to Equalization
In Canada, it is a commonly held belief that when a married couple divorces, each spouse is entitled to a fifty-fifty split down the middle with respect to the property they share, including all bank accounts, cars, homes, and other assets. Where it is not possible to split the asset itself, such as the family… Continue reading When a Matrimonial Home Isn’t Subject to Equalization