By David Harris-Lowe, partner, Family Law
Which spouse owns the family home, whether you’re married or in a common law relationship, matters. The rules around ownership are important and can make a significant difference to how property issues get resolved. Some rules that are often surprising to people include:
a) When you get…
David Harris-Lowe, partner, Family Law
Wrong. When it comes to property division upon a separation or death, and in other areas of the law, there is a significant difference between a married and common law couple. Married spouses have pre-determined rights to share in the increase in property value earned during the marriage and…
Barrie Hayes, Partner, Family Law
The Family Law Act provides a statutory framework for the equalization of family property upon separation. The framework essentially exits out from the equalization the value of property the spouses owned on the date of marriage, and any property the spouses received from third parties; inheritances, life insurance policies…
A recent Court of Appeal decision has caused considerable concern in relation to the certainty of the statutory provisions being applied to determine net family property equalization between legal married spouses.
Sections 4 and 5 of the Family Law Act have, to date, been viewed as all encompassing statutory direction in the division of net…
There are so many people who believe that when they separate from their married or common law partner, the law automatically requires them to divide the property they own equally between them. People believe that common law partners eventually acquire the same rights as married partners if they live together long enough. Most of us…
Although Ontario common law spouses have a statutory right to receive spousal support upon separation, there is no statutory recognition of common law spouses in claims for property. The Family Law Act, in dealing with equalization of net family property, limits spouses to legal married spouses only.
Courts in Ontario, however, have historically granted…
Given that the sheer number of spouses who separate has increased cumulatively over the years, then the number of people who re-partner must also be increasing. This results in an increase in the number of people who should protect themselves, and their net worth in the event of a separation from their second (or third…
The matrimonial home is often the single largest assets owned by separating spouses. The Family Law Act (F.L.A.) recognizes and affords special protection to the matrimonial home and addressing both property and possessory entitlements. The legislation does not apply to common law spouses.
The ownership definition as set out in the F.L.A. is very broad…
Let me introduce myself as the newest Barriston blogger. I joined the firm, as a partner last month. Prior to this I practiced, mostly as a sole practioner, for the past sixteen years. I have practiced law for twenty five years, mostly in the family law area. I practice in the courts, but prefer mediation…
A recent article in the Toronto Star, ‘The Political Becomes Personal’ – Tanya Talaga, Saturday March 12th, brought home to me the additional stress that single parent/working women face in our ‘liberated’ society.
NDP leader Andrea Horwath had recently ended her 25 year common-law relationship. While the article did not deal with any of the…
