Determining the Value of the Home Upon Separation
JMS Law Blog
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1y ago
A separating couple may wish to jointly hire an appraiser or real estate agent in order to determine the value of the matrimonial home. A certified real estate appraiser’s valuation will be more accurate, but it will be more expensive to obtain, whereas a real estate agent’s letter of opinion will reflect a fair market ..read more
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Right to Live in the Home After Separation
JMS Law Blog
by
1y ago
After a family separation, both spouses also have a right to live in or “occupy” the matrimonial home. If one spouse is able to buy out the other spouse’s equity in the home, then they may be able to stay in the home. However, if neither spouse is able to afford to buy out the ..read more
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Net Sale Proceeds of the Home During Separation
JMS Law Blog
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1y ago
When spouses separate, they will need to divide their assets and debts – this is called “net family property”. If there is a matrimonial or family home in the net family property, and it has to be sold or refinanced, the net sale proceeds or refinancing funds are only one part of the division of ..read more
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Separation & Cohabitation Agreements
JMS Law Blog
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1y ago
The global pandemic of COVID-19 is changing the way we function as a society and the family law practice has also had to adapt to make sure our clients and fellow practitioners are safe. On March 23, 2020, the Ontario court services were modified to adapt to physical distancing. At the moment, courts are only ..read more
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Choose Your Village
JMS Law Blog
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1y ago
I have recently had the pleasure of listening to one of our Ontario Court Judges and was encouraged by her use of the term “village,” especially since the conversation was happening in the world of law. She noted that one should have a village to turn to in times of hardship, joy and peace. I ..read more
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A case for overcoming obstacles when parenting during separation.
JMS Law Blog
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1y ago
Over the years I have come to find that parents and people, in general, limit their own growth and their capacity to do great things in the world when they focus on their conflict, negativity and things that drain their energy. Their ability to do great things is limited by their thoughts and assumptions about ..read more
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Common Law Rights to the Home
JMS Law Blog
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1y ago
Depending on whether a couple is married and considering a divorce or in a common law relationship, their rights will differ. Common law spouses are not married, and therefore do not have the same right to division of property or occupation as married spouses ..read more
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Determining the Value of the Home Upon Separation
JMS Law Blog
by
1y ago
A separating couple may wish to jointly hire an appraiser or real estate agent in order to determine the value of the matrimonial home. A certified real estate appraiser’s valuation will be more accurate, but it will be more expensive to obtain, whereas a real estate agent’s letter of opinion will reflect a fair market ..read more
Visit website
Right to Live in the Home After Separation
JMS Law Blog
by
1y ago
After a family separation, both spouses also have a right to live in or “occupy” the matrimonial home. If one spouse is able to buy out the other spouse’s equity in the home, then they may be able to stay in the home. However, if neither spouse is able to afford to buy out the ..read more
Visit website
Mortgage Stress Test
JMS Law Blog
by
1y ago
WHAT IS THIS “STRESS TEST” YOU ASK? It is a test used by Lenders to determine whether a borrower will be able to afford his/her mortgage payments in the event interest rates go up. The test itself requires that a mortgage applicant prove that he/she can make payments at the qualifying interest rate plus two ..read more
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