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…
Catherine Hyde, Paralegal
In recent years there has been an increase in separation of couples in the 55+ category. It seems once the children have left and you start to notice an increase in the people you know in the obituaries, you ask yourself- is this all there is? Thoughts of separation seep in. Before…
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…
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…
The law clerks at Barriston have focused on the various sections of a Financial Statement. Part 4(b) identifies household contents, vehicles and other items.
Just as a quick refresher: remember that your Financial Statement is a snapshot of your financial situation. Only include an asset that you are the registered owner of. For example, it…
The pending nuptials of Prince William and Kate Middleton have attracted an inordinate amount of public attention. We all seem to be captivated by royalty (whether it be political, sports, entertainment, or the real thing!).
There are some ‘gossipy’ rumors circulating that Prince William and Kate have agreed to enter into a marriage contract that…
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…
Married spouses in Ontario, and the other provinces, have enshrined legislated rights on how their rights and interests in property are determined in the event of a separation. There is a specific formula that sets out each spouse’s monetary entitlement upon separation, with a few specific exceptions.
Unlike married spouses, unmarried partners have no such…
