“My common-law partner just cheated on me, so we’re breaking up. Will he still get half the house, even though I’m the one who put up the down payment and paid most of the mortgage?” It depends. If the house was jointly owned – so both names are on the deed – the likelihood is […]
by Timothy Sullivan What is joint tenancy? Generally speaking, property can be owned either personally or jointly. Joint tenancy is when people own a property together and the right to an individual’s share of the property passes, in equal shares, to the surviving owners. (Tenants in common, on the other hand, see their share of
So you have a problem you think you need to talk to a lawyer about. How do you hire a lawyer? Every lawyer or firm may have different procedures. Generally, however, when you identify someone you want to hire, a lawyer will need the following: Names of anyone involved to avoid a conflict of
Remember Eddie Murphy’s comedy video Raw diatribe on splitting assets in a divorce? To paraphrase: “she gets half!!”¶. For all his talent, the voice of ShrekŦ is not an Ontario lawyer. When a married couple separates, the Ontario Family Law Act (FLA) provides that they share the increase of the value of assets acquired and
Common-law relationship splits have unique challenges. In the past 10 years, the number of common-law couples (non-married couples who have a household together) in Canada has continued to grow, and now comprises about 20% of families across the country. For many people, a household based on a common-law relationship is something that sort of ‘happens’.
Collaborative Law is a confidential, out-of-court alternative based upon mutual respect Collaborative Family Law differs from traditional litigation and negotiation, based in mutual respect and giving control of the process to the parties involved, not to a judge in court or the lawyers in the negotiation. Developed as an alternative to the stereotypical litigated divorce,
Sure, ‘without prejudice’ seems like a real legal term. But what is it, exactly? The traditional meaning of ‘without prejudice’ it is to allow communications between parties without worrying that those communications, like letters or emails, will be used in court against the writer. However, it’s a term often misused by lawyers. It should be
In another couple of months, many parents will be dropping off their kids at university for the first time. With this in mind, we’re bringing you one of our most popular articles – and one of the child-support questions we’re most often asked – on what happens to child support when the child goes to
Asking the right questions will help you find the right fit The truth is that sometimes in life, you need a family lawyer: To help with estates, Wills and powers of attorney; for property division and mortgage agreements; for marriage and co-habitation agreements; and, yes, for separation, divorce and child custody agreements. It’s a
Persistent litigants make everyone suffer Persistent family law litigants who bring applications or motions to vary without pursuing them by consistently delaying proceedings are abusing the justice system and responding parties – and they typically don’t face any consequences, says Ottawa family lawyer Timothy N. Sullivan. “There should be a rule of court to address parties who
