What Happens To The Matrimonial Home After A Divorce In Canada?

By the time you start planning on how to go about your divorce; you will already be overwhelmed by the number of questions in your mind. One of them is what will happen to your house after your divorce- it can be so messy. This is because a home is one of the most vital assets in any marriage. Thankfully, there is a way you can handle all the burning issues in your head; by use of divorce experts. However, the power to decide on what to do after the advice lies solely on you. A good family lawyer can help you understand how the home will be treated under the law.

What Will Happen To Our Matrimonial Home?

It only married couple who can have a matrimonial home in Canada. Under the Canadian Family Law Act, the matrimonial home is accorded a special place. There is a law on how the house should be equalized or who may have the right to possess it. Divorce may feel like the end; having to leave your matrimonial home maybe even worse. But you don’t have to work it out all alone. You may choose to look for the best divorce lawyer in Toronto. Not only will the lawyer help you get your divorce faster, but he/she will also help you walk through the pain. According to a family lawyer in Canada, divorce may spike up during the coming years. This is because couples that were dealing with marital issues before the Covid-19 pandemic hit may have their tension boiled up by now. The reason is due to financial stress and other stress-related to children responsibilities. After separation, you and your former spouse have:

· The right to stay in your matrimonial home: This right is not about who legally owns the home. Your partner has no rights to lock you out of your matrimonial home, not unless there is a court order or an agreement. See, you might not want to have your divorce settled until a court order or agreement is showing that you have the right to stay in your matrimonial home. A good way to understand this would be to have the best divorce lawyer in Toronto to protect your rights.

· A right to have an equal share in the value of your matrimonial home: This is if you have an agreement with your partner or there is a court order. It doesn’t matter whether one spouse owned the house before separation or divorce.

Having A Right To Stay In Your Matrimonial Home

If you want to have the best advice, it is better to go looking for divorce lawyer in Brampton. Make sure to utilize your free consultations. A couple in Canada who is thinking about divorce should know that each has a right to stay in their matrimonial home unless:

· The separation agreement says that on spouse can’t leave there either because one is abusive.

· There is a court order stipulating that one spouse may not live there

· The matrimonial home has been sold, or if it was a lease, the period has ended. Note that one can only sell a matrimonial home if the other spouse has given written permission or there is a court order.

In some cases, spouses may have disputes on the status of their residence. The court may have to decide based on how the residence was being used or the amount spent living there by spouses. Issues dealing with matrimonial homes are rather complicated. One may consider looking for divorce lawyer in Brampton to help them understand the right of possession. Your lawyer may help you get an order or an agreement that may help you remain in your matrimonial home after divorce.

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Created on Jul 25th 2020 06:54. Viewed 218 times.

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