I understand that a court can grant exclusive possession of the matrimonial home to one spouse based on
(a) the best interests of the children affected;
(b) any existing orders under Part I (Family Property) and any existing support orders;
(c) the financial position of both spouses;
(d) any written agreement between the parties;
(e) the availability of other suitable and affordable accommodation; and
(f) any violence committed by a spouse against the other spouse or the children. R.S.O. 1990, c. F.3, s. 24 (3).
Best interests of child
(4) In determining the best interests of a child, the court shall consider,
(a) the possible disruptive effects on the child of a move to other accommodation; and
(b) the child’s views and preferences, if they can reasonably be ascertained. R.S.O. 1990, c. F.3, s. 24 (4).
In the case where one child is 19, and is in residence at a college and the other child 21, for the most part resides in the matrimonial home, attending school part-time, and there has been no violence, in regards to income, and the parties have about equal income, and there are no existing orders under Part 1, would the court grant exclusive possession of the home to one spouse? Would the parties be forced to sell the house if they could not come to an agreement on trading assets for equalization? The home is located in Toronto, so I assume there is other suitable and affordable accommodation.
(a) the best interests of the children affected;
(b) any existing orders under Part I (Family Property) and any existing support orders;
(c) the financial position of both spouses;
(d) any written agreement between the parties;
(e) the availability of other suitable and affordable accommodation; and
(f) any violence committed by a spouse against the other spouse or the children. R.S.O. 1990, c. F.3, s. 24 (3).
Best interests of child
(4) In determining the best interests of a child, the court shall consider,
(a) the possible disruptive effects on the child of a move to other accommodation; and
(b) the child’s views and preferences, if they can reasonably be ascertained. R.S.O. 1990, c. F.3, s. 24 (4).
In the case where one child is 19, and is in residence at a college and the other child 21, for the most part resides in the matrimonial home, attending school part-time, and there has been no violence, in regards to income, and the parties have about equal income, and there are no existing orders under Part 1, would the court grant exclusive possession of the home to one spouse? Would the parties be forced to sell the house if they could not come to an agreement on trading assets for equalization? The home is located in Toronto, so I assume there is other suitable and affordable accommodation.
Comment