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
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…
Catherine Hyde, Family Law Clerk
I have recently been involved with a number of cases dealing with “Excluded Property” in order to determine whether certain items of property can be excluded from the “net family property” calculation. To determine this one first needs to look at the Family Law Act
Section 4(2) of the Family…
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…
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…
