division of property – Fine & Associates

Want to Keep the Matrimonial Home? You NEED a Prenuptial Agreement

They say love conquers all… until it comes to divorce proceedings and the distribution of property. Then, all bets are off. Things can become especially heated when the soon-to-be exes discuss what happens to their home. Tempers can rise and you might find yourself saying things you’ll later regret. All that can be avoided, though. Drafting a prenuptial agreement can prevent arguments about...

by Fine & Associates Divorce, Prenuptial AgreementsAugust 30, 2016

Divorce and the Family Cottage: Will You Lose it?

Are some of your fondest memories from the summers you spent at your family’s cottage? If you’re going through a divorce, you might be worried you’ll lose access to it forever. Read on to learn about how Ontario’s divorce laws treat cottages and recreational properties and what that means to you. The Matrimonial Home Ontario law recognizes the matrimonial home as a...

by Fine & Associates Divorce, Divorce Lawyers, Property DivisionOctober 18, 2015

Settlor of a Trust, Assets & FLA purposes

There is ample case law confirming that the beneficiary of a trust has a property interest for FLA purposes. Black v. Black, O.J. No. 1975, 18 R.F.L. (3d) 303 (H.C.J.); Brinkos v. Brinkos, O.J. No. 1140, 20 R.F.L. (3d) 445; and many others. I have never seen a case where a non-beneficiary of a trust was found to have a property interest in the trust for FLA purposes. In Spencer v. Riesberry,...

by Fine & Associates Divorce, SeparationNovember 19, 2014

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Want to Keep the Matrimonial Home? You NEED a Prenuptial Agreement

Want to Keep the Matrimonial Home? You NEED a Prenuptial Agreement

Divorce and the Family Cottage: Will You Lose it?

Settlor of a Trust, Assets & FLA purposes