I have recently had the pleasure of listening to one of our Ontario Court Judges and was encouraged by her use of the term “village,” especially since the conversation was happening in the world of law. She noted that one should have a village to turn to in times of hardship, joy and peace. I […]
READ MOREDuring this COVID-19 global crisis, we need to ensure that our legal rights and wishes are protected. If you are currently separated from your spouse, it is imperative that you have a will and power of attorney in place to protect your personal and proprietary rights.
READ MOREThe global pandemic of COVID-19 is changing the way we function as a society and the family law practice has also had to adapt to make sure our clients and fellow practitioners are safe. On March 23, 2020, the Ontario court services were modified to adapt to physical distancing. At the moment, courts are only […]
READ MOREWHAT IS THIS “STRESS TEST” YOU ASK? It is a test used by Lenders to determine whether a borrower will be able to afford his/her mortgage payments in the event interest rates go up. The test itself requires that a mortgage applicant prove that he/she can make payments at the qualifying interest rate plus two […]
READ MOREWhen spouses separate, they will need to divide their assets and debts – this is called “net family property”. If there is a matrimonial or family home in the net family property, and it has to be sold or refinanced, the net sale proceeds or refinancing funds are only one part of the division of […]
READ MOREA separating couple may wish to jointly hire an appraiser or real estate agent in order to determine the value of the matrimonial home. A certified real estate appraiser’s valuation will be more accurate, but it will be more expensive to obtain, whereas a real estate agent’s letter of opinion will reflect a fair market […]
READ MOREAfter a family separation, both spouses also have a right to live in or “occupy” the matrimonial home. If one spouse is able to buy out the other spouse’s equity in the home, then they may be able to stay in the home. However, if neither spouse is able to afford to buy out the […]
READ MOREDepending on whether a couple is married and considering a divorce or in a common law relationship, their rights will differ. Common law spouses are not married, and therefore do not have the same right to division of property or occupation as married spouses.
READ MOREOften the biggest family asset to be divided during a separation is the house. In the case of a marriage breakdown, the family home(s) or marital home where the spouses ordinarily lived is called the “matrimonial home”.
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