Matrimonial Home Toronto

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Matrimonial

Matrimonial Home

[/vc_column_text][vc_column_text]Both emotionally and financially, a divorce can be overwhelming and challenging. Numerous factors will need to be considered, with financial settlements being one of the greatest concerns before the divorce.

The matrimonial home, typically the most valuable asset, will be one of the most significant components of the financial settlements.

So, what is a matrimonial home, what happens to a matrimonial home upon divorce, and how can mediation help make the process easier for you?[/vc_column_text][/vc_column][vc_column width=”1/4″][/vc_column][vc_column width=”1/3″ el_class=”bigTwoImg”][vc_single_image image=”2976″ img_size=”full”][/vc_column][/vc_row][vc_row el_class=”secondImage”][vc_column width=”1/2″][/vc_column][vc_column width=”1/2″ el_class=”imgOverlay”][vc_single_image image=”2962″ img_size=”full” el_class=”imgOverlay”][/vc_column][/vc_row][vc_row full_width=”stretch_row_content_no_spaces” el_class=”mediationLists”][vc_column][home1-why-section-shortcode heroimg=”33″ title=”We Create digital products That Make people’s Lives More Easier.” heading=”What is a Matrimonial Home?” bg=”2663″ t1=”Call Us Today” d1=”+1-877-370-4660″ t2=”Send An Email” d2=”info@separatesimply.ca” des=”The matrimonial home is a legal term used to define the family residence where a couple resides with their children, if any, before separation. If a couple has more than one house, each residence may be regarded as a matrimonial home if you and your spouse frequently occupy it. Therefore, a cottage, chalet, or even another property in a different place can be considered an additional matrimonial home.”][/vc_column][/vc_row][vc_row el_class=”familyBgRow matrimonialRow childBgRow”][vc_column][vc_column_text]

Matrimonial

What Happens to a Matrimonial Home?

[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_single_image image=”2963″ img_size=”full”][/vc_column][vc_column width=”1/2″ el_class=”bgCol”][vc_column_text]For married couples, both spouses have an equal claim to the Matrimonial Home’s possession. It doesn’t matter which spouse’s name appears on the title as the owner. However, the question of whose name is on the title is crucial. Unless both parties agree or a judge decides differently, only the party whose name is on the deed to the matrimonial home will be entitled to possess it once the marriage has ended. But the non-owner spouse would still receive half the value of the Matrimonial Home on the date the parties parted when the marital property was determined and divided. No matter who has his name on the title, both parties have an equal right to possess the matrimonial home while still married. However, either party may file a motion with the appropriate Court asking for an order granting Exclusive Possession of the matrimonial home. The Court will assess this thoroughly before granting or denying such a motion, including the behavior of the parties—such as family violence—and what would be in the children’s best interests.

The laws mentioned above do not apply to people who were never married but have lived together as common-law spouses. However, the equitable theories known as Resulting and Constructive Trusts allow these couples to claim property interests. When one common-law spouse contributed money to buy the property, and the pair agreed to title the property in the name of the other common-law spouse, a Resulting Trust may be acknowledged. [/vc_column_text][/vc_column][/vc_row][vc_row el_class=”sbsRow sbsFirstRow”][vc_column width=”2/3″ el_class=”sbsTextCol”][vc_column_text]

How Can Mediation Help With Matrimonial Home Issues?

When a relationship ends, it may be extremely stressful and emotionally charged, making it particularly challenging to conclude about children, finances, and living arrangements.

At Seperate Simply, we aim to make the process a lot smoother through mediation. We encourage our clients to agree on all or some of the following:

• Taking care of the kids
• Arrangements for childcare, education, or both
• Family gatherings and special events
• Family housing and property assistance, asset distribution
• Other issues connected to the split

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Separate Simply mediators will:

• View a couple together and examine the difficulties that must be discussed and resolved.
• Create an environment where neither party dominates, and everyone participates fully and in good faith.
• Help couples resolve challenging emotional difficulties that may hinder them from agreeing.
• Assist couples in reaching an agreement that they both find tolerable

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Conclusion: What is the Outcome of Mediation?

Post mediation, our team at Seperate Simply issue a written document to our client, commonly known as a Note of Mediated Agreement, outlining all the specifics of their agreement.

Agreements of the following kind could be made:

• Complete agreements: those that address all concerns arising from the separation, such as money, parenting, housing, etc.
• Parenting agreements: addressing parental responsibilities and promoting effective parenting styles
• Interim agreements: are contracts made between two parties for a brief period.
• Partial agreements: which only deal with a specific subject or concerns

The mediation agreement is not a binding contract. However, it could be converted into a legal contract of separation by a lawyer. You could also use it as a basis for a divorce decree.[/vc_column_text][/vc_column][vc_column width=”1/2″][vc_single_image image=”2975″ img_size=”full”][/vc_column][/vc_row][/vc_section]