Tag Archives: exclusive possession

How does the matrimonial home factor into your divorce?

Ontario divorce law provides that divorcing spouses’ property will be divided down the middle so that each party receives an equal share of assets. The idea is simple, but the reality is that property division in Ontario is far more complex than a 50-50 split, especially with regard to the matrimonial home. Because each spouse is entitled to any increase in the value of matrimonial…

How can domestic violence affect rights to the family home?

Domestic violence is a serious matter in Ontario family law and the Canadian Criminal Code. In addition to the impact domestic violence allegations can have on child custody and spousal support, the court may grant one spouse exclusive possession of the matrimonial home if the other spouse has committed violence or made threats of violence in the home. Even when allegations of domestic violence are…

Things you should know about exclusive possession orders in Ontario

A primary point of contention in many divorces is the question of who will remain in the matrimonial home after the spouses have separated and until the divorce is finalized. Regardless of whose name is on the title, both spouses have a right to stay in the home, though the circumstances that led to marital strife in the first place tend to make cohabitation impossible…

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