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protecting homes during divorceWhat Is The Matrimonial Home And Why Is Important To Protect It?

The home in which you and your family reside is the matrimonial home. It is special because it is the only asset of the family that is shared equally no matter who paid for it or who owns it. As this is usually the biggest, and at times only asset in the marriage, it is vitally important to protect it from being sold or used as collateral by your domestic partner, especially because the risk of it being used and abused rises when there is breakdown in the relationship. Some separated spouses have woken up after a separation only to learn to their shock that their family home is owned by a stranger, and they are facing immediate eviction with their children. Others have discovered that the home has been mortgaged to the max by their former spouse, and they have been left with nothing after many years of marriage.

How To Protect Your Home

In order to protect your share in the home, it is vitally important to let potential mortgage lenders know that it is a matrimonial home. The only way to do this is to immediately get a Matrimonial Home Designation registered on title so that the world knows that it is a matrimonial home and it cannot be sold or mortgaged without your consent.

The “Matrimonial Home Designation”: How To Get Your Family Home Registered As A Matrimonial Homehouse1

Simply click here and we will register on title for your home, a Matrimonial Home Designation in the appropriate land registry office for you. This notice can be registered at any time, but it is best to file it immediately after there is a breakdown in the relationship. Once this document has been filed, it warns anyone who may consider lending money to your ex-spouse, or purchasing the property without your knowledge and consent, that this home is protected family property. By acting sooner rather than later, you can be assured that your home will remain firmly in your control.

 

Other Ways To Protect The Matrimonial Home: Severing Joint Tenancy

protecting homes during divorce2It is usually common practice between couples when they purchase a family home to take title as Joint Tenants. The reason for this is that if one of the spouses should die, that person’s half of the home will automatically go to the surviving spouse, rather than being taxed as part of the deceased person’s estate.

However, after a breakdown of the marriage, and should you pass away, you may wish your half of the home to go to your children or other loved ones rather than to your ex-spouse. In order to preserve your half of the family home in the event of an untimely death, this will require splitting the joint title into two distinct halves. This will insure that your half of the home goes to whomever you have named in your will.

Do It Yourself Divorce Online can preserve your half of the family home two ways; with both a Matrimonial Home Designation and a Severance Of Joint Tenancy. Click here now and protect your half of family home from being unexpectedly disposed of by either your ex-spouse or his or her possible lenders.

Written By Timothy Kinnaird ( October, 13, 2014)

 

http://www.doityourselfdivorceonline.ca

 

 

 

house1If your ex owes you money for either child support or spousal support and they refuse to pay, the best way to go about collecting this debt is to register your child support agreement or spousal support agreement with the Family Responsibility Office, otherwise known as FRO.

The Family Responsibility Office is a Provincial Government office which will enforce your support agreement. It has special powers that will force employers to automatically deduct wages from your ex-spouse’s pay cheque for your child or spousal support.

In order for FRO to enforce your agreement, you must file your legally separation agreementbinding written support agreement with them. Once you have done this it becomes as effective as a court order. This means that FRO can enforce payment under such an agreement in the exact same as if it were a court order made by a judge. FRO also has the ability to suspend driver licenses and passports if your ex fails to make the support payments you agreed to.

In order to file with FRO, you will need a valid and legally enforceable agreement in writing that clearly sets out to whom the support is being paid, for how much, and for how long. FRO cannot enforce any informal agreement that fails to set out these terms in a clear and unequivocal fashion. As I have stated in many of our videos and podcasts, if you have children you cannot proceed with an online uncontested divorce until the children’s support has been worked out with a legally binding and enforceable agreement. Do It Yourself Divorce online can provide you with an inexpensive and legally binding child support agreement that when registered with the FRO, will not only be enforceable as a court order, but will also allow you to move ahead with your do it yourself online divorce so you can avoid having to pay thousands of dollars in hefty lawyer’s fee’s.

financial-supportHow does my support get paid after my agreement is filed with the Family Responsibility Office?

Once an agreement is filed with FRO, your ex-spouse must pay the Family Responsibility Office who will then pay you whatever money it collects on your behalf. It is cost-free for you and is usually an efficient way to ensure regular payments of your support money. It also removes the aggravation and inconvenience of you having to chase your ex-spouse for support money every month.

What if my ex-spouse owes me thousands of dollars in past support, can FRO go after my them for the money owing?FRO

FRO can and will garnish, or seize, up to 50% of an ex’s pay cheque for past child support. Also, as stated earlier, they can get heavy handed by do things like pulling your ex’s driver’s license or passport to encourage payments. Your ex-spouse will only get back their passport and drivers license once the support has been paid in full.

To Get Your Support Agreement Registered With FRO Click Here

***Note in order to register with FRO, you need to have a legally binding and enforceable Child Support Agreement or Separation Agreement. If you do not have either of these please Click Here to get yours now.

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Deciding upon a divorce is a major decision.  After practicing mostly divorce law since 1990, I have found that the reasons for divorce are as varied as human nature itself.

top_five_reasonsThe top 5 reasons for divorce are: people simply growing apart, financial problems, the “empty nest” syndrome, adultery, and no longer staying together for the children.

People who were a youthful couple twenty years ago, as they go through the many life experiences and challenges, mature differently and then one day they wake up to find the other has changed into someone they no longer love or no longer loves them, the gap now seems way too big for one or the other.  I have often had clients in my office who appear shocked when their spouse suddenly announces over dinner that they want a divorce. They are shocked because they perceived no warning signs, no incident or revelation, not even a hint of discontent.  Then the inevitable affairs begin which in turn incur the usual suspicions, accusations and bitter arguments.   When they can no longer be ignored, someone has to take the first step and decide to get a divorce.

Another prevalent reason for divorce is money.  Long term unemployment, financial loss or unexpected major expenses can have a devastating effect upon the lifestyles of a couple.  Read More..

no_fault_divorceOntario, Canada is a no fault divorce jurisdiction.  Yet often have I had a divorcing client complain about how horrible the other spouse had been in the relationship, and therefore believe they are at fault for the divorce and that they in-turn should be compensated for putting up with this.  Sometimes it is a wonder that couples have stayed together for so long given the long and detailed list of faults kept by one about the other.  For bad behavior, I have had some particularly egregious cases: a mother stabbing her husband at the dinner table in front of the children; a husband violently assaulting his wife for many years and then keeping her quiet with threats of death; a mother goading on and inciting  her teenage son to violently assault his father; these and other far more terrible cases are often the subject of bitter and lengthy divorce proceedings.  Read More..