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Mississauga Family Law Blog

Selling the family home in a divorce can be a daunting task

If you are in the throes of divorce, you likely know how challenging it is to decouple emotions from the critical financial decisions that you have to make at this time. The fact that many of the judgments and choices you make will have a significant impact on your future financial stability can add a substantial amount of stress into the equation. When it comes to property division, deciding what to do with the matrimonial home is oftentimes one of the most crucial decisions you will face.

In the aftermath of a divorce, there's a strong chance that each spouse may end up owning or renting a new home on his or her own. Since each party will now be operating on just one income, this could create some financial challenges. This is one reason that many couples consider putting the family home on the market because the proceeds could allow them a much more comfortable transition.

Steps to take when walking the path to divorce or separation

Getting a divorce isn't as easy as making the decision, snapping your fingers and going your separate ways. There are many issues to figure out, including what will happen to the home you share with your soon-to-be ex-spouse, how child custody will look and how to divide the marital assets, just to name a few things. Much hinges on the kind of relationship you and your ex currently have and will have after parting ways. Whether you have an amicable relationship or not, there are certain steps that need be taken in the divorce process.

Some rules in Ontario differ depending on whether you and your partner are legally married or in a common law relationship. Issues that are the same for both individuals who are legally married and common law partners are those concerning custody and access of your children, the future financial support of your children, and anything related to spousal support. Differences arise when it comes to a matrimonial home and property division. The relationship you and your partner have is unique, and your family situation will come into play when it comes to certain issues.

The rights and responsibilities of being a landlord

Being a good landlord is relatively simple when you have good tenants. As a landlord, your job is to make sure your rental property adheres to all municipal codes when it comes to maintenance, safety, zoning bylaws, health standards and municipal property standards.

When you find yourself with a tenant who is not paying rent or who violates any lease agreement, you will have to try to resolve the issue with the tenant. However, there are times when that won't be possible and you might have to go the legal route to resolve any issues.

Your house may no longer be yours if you are legally married

In Ontario, family laws see marriages as equal partnerships between spouses, and if that partnership ends, assets must be shared equally. Couples who want to take measures to ensure their separate property remains separate can sign a marriage contract to do so. Such an agreement can specify the assets each spouse brought into the marriage, and ensure that these items would once again be separate property in the event of a divorce.

This would be of particular importance if you owned a home before you got married. If that house then became the matrimonial home, the law will not see it as separate property if you separate or your marriage ends and you have no marriage agreement signed in which your spouse gives up a claim to the property.

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