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Divorce and the matrimonial home in Ontario
In Ontario, the matrimonial home is defined as the primary residence of a married couple. This can be a house, condo, or other dwelling that is owned or rented by the couple and is used as their primary residence.
During a divorce, the matrimonial home can be a contentious issue, as it is often the most valuable asset owned by the couple. In some cases, one spouse may want to keep the home, while the other may want to sell it and divide the proceeds.
Under the Ontario Family Law Act, both spouses have a right to occupy the matrimonial home unless a court orders otherwise. This means that both spouses can continue to live in the home until the divorce is finalized, unless the court determines that it is not in the best interests of one of the spouses or any children involved.
If one spouse wants to keep the matrimonial home, they will need to buy out the other spouse’s share of the property. This can be done through an equalization payment, which is a payment made to the other spouse to compensate for any difference in the value of their respective property.
If the couple decides to sell the matrimonial home, the proceeds from the sale will be divided according to the terms of the divorce agreement or court order. It is important for both spouses to understand their rights and obligations regarding the matrimonial home, and to seek legal advice if necessary to ensure that the property is handled fairly and in accordance with the law.
In conclusion, the matrimonial home can be a complex and sensitive issue during a divorce in Ontario. Both spouses have a right to occupy the home unless a court orders otherwise, and the disposition of the property will be determined according to the terms of the divorce agreement or court order. It is important for both spouses to understand their rights and obligations, and to seek legal advice if necessary to ensure that the matrimonial home is handled fairly and in accordance with the law.
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