Sam could research to find to out how much the services that were being provided are worth outside of the home. The judge would award a monetary amount that is reasonable given the work that was done and the circumstances. How are joint assets divided? When a couple purchases property together, then the property is owned jointly between the partners. The property that is owned jointly will usually be divided and the value shared between the partners. If the joint property is real estate, then the Law of Property Act allows either partner to apply for an order to help with the division. A partner can apply to: • Physically divide the lands; • Sell the property; • Divide the sale proceeds between the partners; or • Sell the interest of one partner to the other. Who gets to live in the house after separation? Living arrangements can be negotiated. You and your partner could decide that one of you will stay living in the property, while the other finds somewhere else to live. You could choose to live separate and apart, while still living in the same house. You could choose to both move. If you have children, then the decisions that you make should be made based on what is in the children’s best interests. If you can’t reach an agreement with your partner, then you can make an application for exclusive possession of the home. What does it mean to live separate and apart? You must live separate and apart from your spouse for one year in order to be granted a divorce in Ontario. You can live in the same house, and still be considered to be living separate and apart. If you are unmarried, then there is no requirement to live separate and apart. Some factors that indicate the spouses are living separate and
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