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Sepanx: Who Gets the House After the Divorce?

Providing expert legal services for civil, family, construction, wills and estates and business law.

divorcing couple

Separation Anxiety: Who Gets the House After the Divorce?

Divorce can be devastating. It can tear families apart and leave people isolated, alone, and confused. The process of divorce can be long and complicated, and it can be challenging to know where to turn for help. Divorce can be very costly and stressful, emotionally and financially. When a couple divorces, one of the most challenging decisions they may face is what to do with the family home. If the couple owned the house together, the court would typically award it to one spouse, depending on various factors. The process is complex; you may need a divorce lawyer to help you navigate the legal system and protect your interests. For example, if you have significant assets or debts, you must ensure that these are divided fairly in your divorce. So, let us work on what to do with your family home.

The House Is Considered Family Property

The law considers family homes to be family property, whether the individual whose name is listed on the title document is the head of the household or not. Laws that prevent a person who has made a mortgage payment or put their name on the title document of a house from kicking their spouse out of the home and taking ownership of the property are examples of this fundamental concept. A divorce lawyer would explain that the house is owned by the family and not by an individual. This principle is necessary because it means that the family has a stake in the property and that the property is not just an individual’s asset. It also means that the family has a right to live in the house and that the house is considered part of the family’s estate. It is necessary for several reasons, including the fact that the family can pass the house down from generation to generation.

Family Property Is Shared Equally

When a couple separates, their family property is generally shared equally. It is usually the case regardless of who owns the property, how it was acquired, or whether one spouse contributed more to its value. There are a few exceptions to this rule, however. For example, if one spouse owned the property before the marriage or inherited it, that spouse may be entitled to a more significant share of the property. It is why you need a divorce lawyer to lessen the complexity of the process.  In most cases, however, family property is divided equally between the separating spouses. Each spouse is typically entitled to half of the property’s value. If the property is sold, the proceeds are generally divided equally.

Exemption from the Law

Unless a person can show that they cannot make a separation agreement and the family home will be affected by a sale, they are subject to the equal shared family law. The only exception would be if their family home were gifted to them. If a spouse can show significant hardship if an equal division of marital property is given, a case could be made for getting more of the marital property. For example, a spouse may not be able to support themselves and the children, and the other spouse may not have any other home to live in.

Conclusion

There is no simple answer to the question of who gets the family home in divorce in Canada. The answer will depend on several factors, including the province or territory in which you live, the financial situation of the parties, the length of the marriage, and the needs of any children involved.  Considering the emotional and financial complexities of divorce, you should ask for help from a divorce lawyer from Abbotsford. You will find no one better than the partners of Pathfinder Law. We will support you through the ordeal, so contact us now for more details!

Disclaimer – The information contained herein is of a general nature. It is not intended to be legal advice and it is not intended to address the exact circumstances of any particular individual or entity. You should not rely on or act upon such information without receiving appropriate professional advice and without a thorough examination of your particular situation.