Who lives in the house while the property is being divided?
If the spouses cannot come to an agreement about who will live in the property, then a judge can make an order giving one spouse the right to live in the matrimonial home and use the household goods. When making this kind of order, the judge will think about: • the availability of other places to live within the financial means of both the spouses; • the needs of the children who live in the matrimonial home; • the financial positions of the spouses; and • any court order that relates to financial support or property division.
How can property be protected?
There are ways that a spouse can protect the property and ensure that the property is still available to be divided. Things that you can do to protect yourself and your property: • Cancel secondary credit cards; • Change your pin number on all of your cards if your spouse was aware of your number; • Open a bank account in your name only if you don’t have one already; • Talk to the bank about your joint accounts; • If possible, change any overdrafts and lines of credit to require two signatures; and • update the beneficiary of your will, insurance, RRSPs, and investments.
What laws apply to property division when people aren’t married?
There is no specific law in Ontario that deals with property division for unmarried couples.
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