Family law act matrimonial property
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Family Law Act: Matrimonial Home The matrimonial home refers to every property in which the spouses have interest in. It is also the home the couple stayed in at the time of separation. Right of Possession The Ontario Family Law Act specifies that both spouses have equal right to equal possession of the matrimonial home. This means that both spouses have equal right to live in the home, regardless of who the legal owner of the property is between the two spouses. The spouse who does not own the house has an equal right to live in the home, even during separation. This means that the owner spouse cannot change the locks, or refuse the other spouse access to the house without an agreement or court order. This law does not apply in common law relationships. Prohibition against sale Under Ontario Family Law , in the context of marriage, a spouse cannot sell the matrimonial home without the consent of the other spouse. This rule originates from the above mentioned right of possession where a non-owner spouse holds the right to live in the matrimonial home unless an agreement or a court order confirms the opposite. This means that the non-owner spouse has to agree to a written letter of consent submitted by the owner-spouse to sell the home. Matrimonial Home inclusions and exclusions Property that is excluded from the Net Family Property calculation, if it exists on the date of separation includes: Property obtained by way of inheritance, monetary damages or life insurance proceeds. A gift from a third party.
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Transcript of Family law act matrimonial property
Family Law Act: Matrimonial Home
The matrimonial home refers to every property in which the spouses have interest in. It is also
the home the couple stayed in at the time of separation.
Right of Possession
The Ontario Family Law Act specifies that both spouses have equal right to equal possession of
the matrimonial home. This means that both spouses have equal right to live in the home,
regardless of who the legal owner of the property is between the two spouses. The spouse who
does not own the house has an equal right to live in the home, even during separation. This
means that the owner spouse cannot change the locks, or refuse the other spouse access to the
house without an agreement or court order. This law does not apply in common law
relationships.
Prohibition against sale
Under Ontario Family Law, in the context of marriage, a spouse cannot sell the matrimonial
home without the consent of the other spouse. This rule originates from the above mentioned
right of possession where a non-owner spouse holds the right to live in the matrimonial home
unless an agreement or a court order confirms the opposite. This means that the non-owner
spouse has to agree to a written letter of consent submitted by the owner-spouse to sell the home.
Matrimonial Home inclusions and exclusions
Property that is excluded from the Net Family Property calculation, if it exists on the date
of separation includes:
Property obtained by way of inheritance, monetary damages or life insurance proceeds.
A gift from a third party.
Property specified in a marriage contract or pre-nuptial agreement to be excluded from
net family property.
Property included in a net family property calculation includes:
Land, building, bank accounts, businesses, stock options and pensions and chattels etc.
Items that were purchased together, such as a boat, are considered joint property and each
spouse would be entitled to half of the value.
To learn more about family law act and other family matters, please visit
http://bakerandbakerlaw.com/
