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๐Ÿ’ฐ 20th Oct 2023 - Contribute to RRSP or Pay off Mortgage?

Friday 20th October 2023
Divorce And Real Estate - FREE Report!

GTA Real Estate Radar: Daily Hot Picks!

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"GTA Real Estate Radar: Daily Hot Picks" is your daily radar for spotting the most promising opportunities and hottest trends in the Greater Toronto Area real estate market. Each day, we scan the landscape to deliver you the latest hot picks, market insights, and updates directly to your inbox. Whether you're a potential buyer, seller, investor, or a real estate enthusiast, our daily hot picks cover a wide range of topics, from promising listings to emerging market trends and expert analysis. Keep your radar finely tuned and make informed decisions with "GTA Real Estate Radar: Daily Hot Picks" as your trusted tool in the dynamic GTA real estate landscape.

Divorce can have significant implications for the ownership of jointly-owned property in Toronto, as it does in many other places. When a married couple decides to divorce, their assets, including real estate, must be addressed as part of the divorce settlement. Here are some key points to consider:

  1. Equalization of Net Family Property: In Ontario, where Toronto is located, family law governs the division of property during a divorce. The Family Law Act requires that the net family property of each spouse be calculated. The net family property is essentially the difference between the value of each spouse's assets and debts at the date of separation and the value of those assets and debts at the date of marriage. The spouse with a higher net family property may be required to make an equalization payment to the other.

  2. Matrimonial Home: The matrimonial home, which is the family residence, is given special consideration during divorce proceedings. Both spouses have a right to live in the matrimonial home, and this right can continue even after separation until a divorce is finalized.

  3. Options for the Matrimonial Home: Several options can be pursued regarding the matrimonial home in Toronto:

    • Sale: The home may be sold, and the proceeds divided between the spouses in accordance with their equalization payments.

    • Buyout: One spouse may buy out the other's share of the home, allowing one to retain ownership.

    • Co-ownership: In some cases, the divorced couple may continue to co-own the property, especially if there are minor children involved.

  4. Children's Best Interests: If there are children involved, the court will consider their best interests when making decisions about the matrimonial home. The primary caregiver may be allowed to stay in the home with the children, at least until a certain point.

  5. Legal Advice: It's essential to seek legal advice from a family lawyer when dealing with property division during a divorce. The lawyer can help you navigate the legal requirements, ensure your rights are protected, and provide guidance on how to address jointly-owned property.

  6. Prenuptial Agreements: If the divorcing couple has a prenuptial agreement in place, this can significantly influence the division of property. The terms of the agreement will generally prevail as long as it's legally valid.

  7. Family Mediation: Some couples opt for family mediation or collaborative law processes to work out the division of property outside of court, which can be a less adversarial approach.

It's important to note that each divorce case is unique, and the division of property can be complex, especially when real estate is involved. Seeking the advice of a qualified family lawyer who specializes in divorce and family law in Toronto is highly recommended to ensure that your rights are protected and that the division of jointly-owned property is carried out in a fair and legally compliant manner.

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Editor's Note

"Welcome to my Newsletter Page! I am a professional Real Estate Agent in Toronto GTA with an Architectural background from India. With a unique combination of design and real estate knowledge, I am dedicated to helping clients find their dream home. My expertise in both fields allows me to understand the potential of a property and how to best showcase it to potential buyers. I am committed to providing excellent service and going above and beyond for my clients. Let me help you navigate the real estate market and find your perfect property in the Greater Toronto Area & Surroundings. Contact me today!"

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