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…
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…
Barrie Hayes, Partner
In many marriages the matrimonial home is the most significant family asset owned by the spouses. The Family Law Act (“FLA”), in dealing with equalization of net family property on separation, provides special treatment of the matrimonial home.
Whereas generally a spouse may deduct from his or her net family property…
By Douglas J. Manning, Partner, Certified Specialist in Family Law
A recent, highly publicized, spousal support decision sheds light on how the “other half” live (and how they end up paying their support).
Michael McCain, one of the children of Wallace McCain (a wealthy businessman in the food industry) and his wife of 30…
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…
Repeatedly, in initial interviews and even in discussions with friends and other lawyers, I hear interpretations of family law that may be considered “urban myths”, using cultural parlance. This blog deals with the top three in regard to married parties and the matrimonial home.
Myth 1
Myth – The matrimonial home is deemed to be…
