Timing and status are paramount in the eyes of the law. The legal status of men and women in Ontario changes according to their marital status -- whether single, common-law, married, separated or divorced. When separation and divorce are contemplated, the courts follow laws governing the division of assets that may seem, to the layman, like a maze constructed of one technicality atop another.
It can be particularly challenging because agreements made at the time of separation do not necessarily apply when divorce is in the offing. In a formal separation, the matrimonial home continues to bear a somewhat protected status relative to each spouse. As divorce proceedings commence, it can come as a shock to learn that the right to possession for one spouse or the other may no longer pertain.
As agonizing as dismantling a shared life can be, one of its most heart-wrenching matters is giving up what was, whether for years or for decades, hearth and home. Selling is not always an option, and in some cases, one partner may wish to sell while the other wishes to remain in the home. In more fractious scenarios, both partners may wish to continue living there, freezing the other partner out.
Legal counsel with the resources to assist a client undertaking such harrowing decisions subject to Ontario law could be of invaluable benefit. Separation and divorce are not like peas and carrots. Each is adjudicated according to discrete and disparate legislation which only an experienced Ontario family law lawyer might clarify, lightening what can often be an already exhausting stress load.
Source: stepstojustice.ca, "We're married. Who gets to stay in our home if we separate or divorce?", Accessed on Sept. 11, 2017