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This webinar produced by CLEO and presented by METRAC looks at property issues between married and co-habiting couples that arise during their relationship and following breakdown. Topics include the matrimonial home or shared properties, other assets and liabilities, how to protect property, and issues for surviving spouses. Presenters are Tamar Witelson, Legal Director at The Metropolitan Action Committee on Violence Against Women and Children (METRAC) and Robert Halpern, partner and head of the Family Law Group at the law firm Torkin Manes.
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METRAC 158 Spadina Road, Toronto ON, Canadawww.metrac.org | [email protected] | Phone 416-392-3135
METRAC Webinar
Property Rights and Obligations of Married and Co-habiting Partners
January 19, 201212:00pm – 1:00pm
METRAC
METRAC, The Metropolitan Action Committee on Violence Against Women and Children, is a not-for-profit, community-based organization that works to prevent and end violence against women, youth, and children, across diverse communities.
METRAC’S Community Justice Program provides accessible legal information, education, and training for women and service providers. It examines how legislation and legal practices affect women from diverse backgrounds and especially those experiencing abuse or violence.
www.METRAC.org
FLEW, The Family Law Education for Women campaign information on women’s rights and options under Ontario family law available in 14 languages, accessible formats, online and print
www.OneFamilyLaw.ca
Phone: 416-392-9138METRAC Youtube: http://www.youtube.com/user/metracorgMETRAC Facebook: http://www.facebook.com/metracorgMETRAC Twitter: http://www.twitter.com/metracorg
Presenters
Tamar WitelsonLegal Director, METRAC
Robert HalpernFamily Law Specialist, Torkin Manes LLP, Toronto
Author of Property Rights and Obligations under Ontario Family Law
Division of Family Property in Ontario
Ontario Family Law Act, R.S.O. 1990, CHAPTER F.3
applies to married spouses, both opposite and same sex
guiding principles: marriage is an equal partnership assumes each spouse contributes equally to household, child and financial responsibilities
result: each spouse entitled to equal share of family assets/debts at marriage breakdown
Equalization Payment
applies to the increase in couple’s property that occurred during the marriage
deducted: property (minus debts) that each spouse owned on the date of marriage (except the Matrimonial Home)
excluded: gifts that each spouse personally received during the marriage (except the Matrimonial Home)
calculate Net Family Property for each spouse: total assets minus total debts for each spouse at end of marriage
asset examples: businesses, real estate (land, cottages, secondary or rental properties), furnishings, bank accounts, pensions, cars
debt examples:mortgages, bank loans, car loans, credit card balances, unpaid income taxes
Equalization Payment (Cont’d)
calculation of Equalization Payment: higher Net Family Property (spouse 1) minus lower Net Family Property (spouse 2) divide the difference by two (equals $X) spouse 1 pays half the difference ($X) to spouse 2
Domestic Contracts: spouses can agree to exclude specific property from the equalization calculation
violence or abuse: get legal advice before signing any agreement about division of family property
Matrimonial Home
“Matrimonial Home” is the home ordinarily occupied by the spouses as the
family residence at the time of separation
there are special rules for the Matrimonial Home in the equalization calculation
the Matrimonial Home is included in the property calculation of the spouse(s) whose name is on the deed
if the Matrimonial Home was owned by one spouse before the marriage, it is NOT deducted from that spouse’s Net Family Property
Matrimonial Home (Cont’d)
if the Matrimonial Home was a gift to one of the spouses during the marriage, it is NOT excluded from that spouse’s Net Family Property
the value of the Matrimonial Home at separation must be included in the calculation of the Equalization Payment
both spouses have a right to live in the Matrimonial Home unless and until there is a court order or agreement to the contrary
locks cannot be changed by one party without a court order or agreement to the contrary
property cannot be sold without both spouses’ agreement
Presenters
Tamar WitelsonLegal Director, METRAC
Robert HalpernFamily Law Specialist, Torkin Manes LLP, Toronto
Author of Property Rights and Obligations under Ontario Family Law
Common Law or Cohabiting Partners
The Family Law Act rules for division of property do NOT apply to common law or cohabiting partners
The Family Law Act does apply to common law partners for spousal support
in Ontario, “Common Law” partners for support purposes are defined as spouses who have lived together for at least three years or have a child together and lived together in a relationship of some permanence
Common Law or Cohabiting Partners (Cont’d)
the courts have made rules for the division of property between unmarried cohabiting partners
factors the court considers: long relationship integrated finances cooperation in running the household cooperation raising children leaving school or workforce for family moving for one partner’s career
the court may order one partner to pay money to the other or divide ownership of some family property between partners
Surviving Spouses
if wife or husband dies before his/her spouse, the surviving spouse has a choice regarding family property:
1. if there is a will, accept the bequest of property according to the will, OR
2. if there isn’t a will, accept the assignment of property according to the rules for intestacy (no will), OR
3. choose division of property according to the equalization calculation.
if division of property by equalization calculation (#3), payment to the surviving spouse takes priority over will or intestacy rules
Where to Get Legal Advice1. consult a family law lawyer in private practice
recommended by a friend or support agency Law Society of Upper Canada Referral Service www.lsuc.on.ca
toll free: 1-800-668-7380 2. Legal Aid Ontario
online info from Family Law Information Program (FLIP)http://legalaid.on.ca/data/hidden/FLIP_en/player.html
Family Law Information Clinics (FLICs)http://www.legalaid.on.ca/en/getting/type_family.asp
Family Law Service Centreshttp://www.legalaid.on.ca/en/contact/contact.asp?type=flsc
legal aid certificate for complex cases or if domestic violence is involvedwww.legalaid.on.ca
3. Community Legal Clinics
some specialty clinics, serving specific communities, may cover family law issueshttp://www.legalaid.on.ca/en/contact/contact.asp?type=scl
METRAC 158 Spadina Road, Toronto ON, Canadawww.metrac.org | [email protected] | Phone 416-392-3135
METRAC Webinar
Questions?
Presenters
Tamar WitelsonLegal Director, METRAC
Robert HalpernFamily Law Specialist, Torkin Manes LLP, Toronto
Author of Property Rights and Obligations under Ontario Family Law
METRAC 158 Spadina Road, Toronto ON, Canadawww.metrac.org | [email protected] | Phone 416-392-3135
Useful Resources
METRAC: www.METRAC.org
Ontario Women’s Justice Network: www.OWJN.org
Family Law Education for Women: www.OneFamilyLaw.ca
This webinar was brought to you by Your Legal Rights: A website of legal information
for people in Ontario
For more information visit Your Legal Rights at www.yourlegalrights.on.ca
For more public legal information webinars visit:www.yourlegalrights.on.ca/training
