For most families, the home is the largest asset they own and often carries deep personal meaning. When your marriage ends, real estate may become one of the most difficult parts of the settlement to resolve. Deciding who stays in the home, whether to sell it or buy out your spouse, and how to value the property may quickly become contentious.
Real estate complications during divorce in Oakville may involve legal rules that surprise even sophisticated homeowners. A property division lawyer could help you understand how those rules may affect your property and financial interests. At The Riley Divorce & Family Law Firm, our lawyers could explain your options and provide guidance on the issues surrounding your home.
During a divorce, the family home has a unique legal status that other property does not. Under the Family Law Act R.S.O. 1990, c. F.3, s. 19 (1), both spouses have an equal right to remain in the matrimonial home after separation, no matter whose name is on the title. Neither spouse may sell the home or place a new mortgage on it without the other’s consent or a court order, even if one spouse owns it outright.
This protection may also extend to more than one property. A vacation home or cottage that your family used regularly may qualify as a second matrimonial home with the same restrictions. Because these rules may reshape a settlement, a lawyer could review your divorce-related real estate issues in Oakville before you make decisions.
Once the legal status of the home is clear, you and your spouse must decide what to do with it. Several options are common, including:
When spouses cannot agree, the law provides tools to resolve the dispute. Under R.S.O. 1990, c. F.3, s. 19 (1), a court may grant one spouse exclusive possession of the home for a period, and the need to keep children in a familiar, stable environment is one factor it weighs. Courts reserve this extraordinary remedy for serious situations.
A co-owner may also ask the court to force a sale, though the court may delay the sale while larger financial issues remain unresolved. For property issues that arise during divorce in Oakville, a lawyer could advise you on which path may best protect your interests.
During a divorce in Oakville, complications involving real estate may extend beyond a single home, particularly when you and your spouse own multiple properties, such as:
We also work with appraisers and financial professionals to identify relevant holdings and accurately value each asset. Our team of lawyers is available 24 hours a day to address pressing real estate questions as they arise without delay.
Real estate is often the most valuable and emotional part of a divorce, and the decisions you make can shape your future for years. The real estate complications during divorce in Oakville deserve careful, informed handling from the very start.
At The Riley Divorce & Family Law Firm, our lawyers can explain your options and provide guidance that addresses the issues surrounding your home. We are available 24 hours a day. Call us to arrange a confidential consultation about your property concerns and legal options.
The Riley Divorce & Family Law Firm
