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One of those exceptions relates to the matrimonial home.
There are several aspects that make the matrimonial home unique. The “matrimonial home” is strictly defined by the Act.
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Similarly, if a court order for exclusive possession has been obtained in favour of one spouse, it will usually be a term of that order that the other spouse can periodically re-enter for specific purposes, with notice in advance.
In this context the court may also order the locks to be changed, if the circumstances between the parties warrant it.
The rules relating to the home differ depending on whether you are married or in a common law relationship: Definition of Matrimonial Home The family home may be the most valuable asset that parties own.
As such, decisions relating to the home may be emotionally difficult.
The last type of Order may become necessary in a case where (for various reasons) it is prudent for the home to be sold, mortgaged or otherwise encumbered, or where it makes sense in all the circumstances that one spouse has possession, but where the spouses cannot agree. Needless to say, courts don’t take their powers lightly; whenever a court is poised to make an Order that deprives one spouse of his or her rights or interest in the matrimonial home, the court will consider a broad array of well-established factors and considerations.
The court in such cases has the power to make the necessary Order. For example, if a court is considering making an Order giving one spouse exclusive possession of the matrimonial home, the court is obliged under the Family Law Act to take into account the following: • The best interests of the children who may be impacted by the order.
When the husband and wife separated in 2010, they signed a Separation Agreement to the effect that the husband could say in the matrimonial home until it was sold, but that it had to be sold within a year, with the selling costs to be split between the parties.
Subsequently however the husband – despite numerous requests by the wife – had refused to list the house for sale and demonstrated a “militant resistance” to doing so.
The term refers to any residence that is owned and “ordinarily occupied” by the spouses and their family on the day of separation.
Provided it is a family residence, this can include any type of housing including condominiums and mobile homes.
To give the most common example, there may be a mortgage on the home, which the bank can realize upon if it goes into default.Tags: Adult Dating, affair dating, sex dating