Stay At Home Parents: What are my rights when we separate?

Stay At Home Parents: What are my rights when we separate?

When one spouse is able to build up savings, work experience, assets, and other benefits from working, the law recognizes that the other spouse may have contributed to these things.  If you were married, the division of your property is based in part on this assumption.  The law does differ if you were married or living together, but in either case you will be requesting similar things - a share of property, and support for you and your children.

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Money from Parents: A Gift or a Loan?

Money from Parents: A Gift or a Loan?

When a young couple decides to purchase what will become their matrimonial home, it is very common for the parents of one or both spouses to assist in paying the down payment. Upon separation, the question of whether the money transferred was a gift or a loan is often a source of conflict. The difference between gifts and loans can be very important in equalization, as parents may not want their child's former spouse to get to "keep" the money they gave to their child.

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Equalization: Excluded Property & Tracing

Equalization: Excluded Property & Tracing

As discussed in our previous post on equalization, when determining your Net Family Property (NFP), you need to calculate the value of all the property you own, both on the date of separation, and on the date of marriage, and you essentially share the increase in your net worth over the course of your marriage.  As we mentioned, there some types of property that you do not have to include in you calculation.  The value of this property gets subtracted from your date of separation net worth when calculating your NFP.  This is known as Excluded Property.

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Divorce and Real Estate: Special Considerations

Divorce and Real Estate: Special Considerations

If you are refinancing your family home as part of the separation process, or purchasing a new home following your separation, support payments can play a big role in qualifying for a mortgage. Understanding how support is calculated can help you in the financing process.  There are also many expenses and budget changes related to your divorce that you should consider.

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Exclusive Possession of the Matrimonial Home

Exclusive Possession of the Matrimonial Home

An exclusive possession order allows you to live in the matrimonial home to the exclusion of your spouse.  A spouse will sometimes apply for an Order for exclusive possession when there are safety concerns, or there is a great deal of conflict or tension in the home.  How can you apply for exclusive possession?  What will the court consider?  And what are some of the consequences of such an Order?

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Sharing the Matrimonial Home on Separation

Sharing the Matrimonial Home on Separation

This is the second in a three part series on matrimonial homes.  This series will provide information on (1) what a matrimonial home is and some special rules, (2) how a matrimonial home is treated in the equalization process, and (3) exclusive possession of a matrimonial home.  This post discusses how a matrimonial home may be treated differently in the equalization process.

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Your "Matrimonial Home" Is Treated Differently

Your "Matrimonial Home" Is Treated Differently

This is the first in a three part series on matrimonial homes.  This series will provide information on (1) what a matrimonial home is, (2) how a matrimonial home is treated in the equalization process, and (3) exclusive possession of a matrimonial home.  This post discusses what a matrimonial home is and some of the special rules.

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