Summary
Section 21(1) of the ontario family law act addresses property rights between spouses. After divorce, property rights are typically settled during proceedings. Form 8a, a simple divorce, does not cover property division, which must be handled separately. Changing from joint tenancy to tenants in common can be done unilaterally, affecting inheritance rights. If mutual consent was required in the original contract, this could be a breach. Consult a local attorney for guidance.Full Conversation
what if they are divorced
Section *(*) of the Ontario Family Law Act deals with property rights between spouses. If the spouses are divorced, the property rights are typically settled in the divorce proceedings. Here are a few points to consider:
- Equalization of Net Family Property: This process ensures that both parties receive an equal share of the property acquired during the marriage.
- Matrimonial Home: Special rules apply to the matrimonial home, which may affect ownership and possession.
- Division of Assets: Assets and debts are divided based on their value at the date of separation.
Do you need more specific information about property division after divorce in Ontario?
the divorce was divorce only form 8a
It sounds like you're dealing with a simple divorce using Form 8A in Ontario. In this case, property division is not addressed in the divorce itself. Here are a few things to note:
- Form 8A (Simple Divorce): This form is used when there are no other claims, such as property division or spousal support.
- Property Division: Should be handled separately, often through negotiation or a court application.
- Equalization of Net Family Property: This process assesses the value of assets and debts accumulated during the marriage.
Would you like guidance on how to address property division separately?
the ex husband was still able to change from joint tenancy to tenants in common without telling ex wife
Case Rating: *
In Ontario, changing from joint tenancy to tenants in common is possible, and it can be done unilaterally by one party. However, this action can have significant implications on property rights. Here are some points to consider:
- Joint Tenancy vs. Tenants in Common: Joint tenancy includes the right of survivorship, whereas tenants in common do not.
- Unilateral Change: If your ex-husband changed this without your knowledge, it could affect your inheritance rights.
Would you like to be connected to local lawyers who can better assist you with your case?
how could he change it, the mutual consent clause was in the the original contract
Case Rating: *
It seems like you have a high-value case regarding property rights and potential breach of contractual agreement. Would you like to be connected to local lawyers who can better assist you with your case?
To proceed, could you please provide your name?