Canadian,Matrimonial,Property, law Canadian Matrimonial Property Law
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While mostlyweddings are considered to be the alliances of hearts and souls, every weddingalso has a legal background, changes in rights and most important changes inproperty. In Canadathe Matrimonial Property is described as property owned by one or both ofmarried spouses. Needles to say that property and child support are the twomost argued problems during a usual divorce so in this article we will writeabout Matrimonial Property Law in Canada. It was initially establishedthat after the marriage the property becomes common, but during a long periodof the development and creation if the Common Law only the husband had therights to manage the matrimonial property. But with time, when the legaldefinition and status of the family changed, women also obtained the right tomanage property and naturally that brought in some additional legal rules.While there arenumerous differences Matrimonial property law in each province and territory hassome general things in common. This law defines what things are consideredmatrimonial property, applies to spouses automatically upon marriage, sayswhether or not matrimonial property rights apply to common-law couples in thesame way as married couples, describes rights and interests during marriage (ora common-law relationship, depending on the province or territory), describeshow to divide matrimonial property upon marriage breakdown, provides for theenforcement of agreements regarding matrimonial property, provides specialrights in regard to the family home. Also in different cases the spouses canask the court for following matrimonial property decisions and protections: anorder for temporary or permanent possession of the family home, permission tosell the family home in order to divide the sale price between the spouses, anorder preventing the sale of the family home without the consent of bothspouses, protection against a spouse unreasonably disposing matrimonialproperty, such as cash in a joint bank account. The four westernCanadian provinces still keep the Dower Act, this act is a very old spouseprotection mechanism. It guarantees the widow a third of the matrimonialproperty, if no adultery was committed by her during the marriage. Also thewestern provinces keep the "homestead legislation", it prohibits thesale of the family home without the consent of the wife and a number of otheracts that protect the family home. So as you see the joint property is a veryserious thing and it is accordingly regulated by various laws. Variousprovinces have various laws and legislations concerning this type of propertyand there are numerous cases that can be examined during the case when theproperty is divided. There is a good movie The War of The Roses that shows ahuge complexity of the Matrimonial Property during a divorce. There is aspectacular scene, when Danny De Vito (who plays the family lawyer) throws ahuge book on the table, with the words I found a similar case. So if you needto solve a property issue with your ex-wife dont even start discussing itwithout a lawyer. Also a marriage contract that regulates the property in caseof a divorce is a good solution, we already wrote about these documents so youcan just search our blog for all the details.Formore information regarding Wills lawyers,Family Lawyers, DivorceLawyers and Canadian Lawyer please visit: www.lawyerahead.ca
Canadian,Matrimonial,Property,