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COVID-19 Wills and POA


During 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.

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Separation & Cohabitation Agreements


The 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 […]

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Mortgage Stress Test


WHAT 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 […]

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Net Sale Proceeds of the Home During Separation


When 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 […]

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Determining the Value of the Home Upon Separation


A 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 […]

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Right to Live in the Home After Separation


After 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 […]

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Common Law Rights to the Home


Depending 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.

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How to Deal with the Marital Home During Separation


Often 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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Why Mediation Matters at JMS Law


“I want a divorce” … your heart skips a beat. Your breath is taken away. You doubt whether you heard it right. You’ve been blind-sided with those chilling words haunting your mind. If you were the one to say them, you may have murmured them quietly with great sadness and resign. You could have shouted […]

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