But, I want to keep the House!!!

Negotiation is integral to resolving issues after a separation. When it comes to jointly-owned homes, successful negotiation may be the only path that enables one spouse/partner to keep the home. Options for the Matrimonial Home After a Separation The Ontario Court of Appeal has held that the court does not have jurisdiction to order that one spouse convey his or her interest to the other, or to grant a right of first refusal. However, the court does have power to order the sale of the home, as long as the home is not in a foreign jurisdiction.  If parties are not able to successfully negotiate the transfer of interest in the jointly owned home from one party to the other, there is a real risk that the home will have to be sold and neither party will be able to retain it. One rationale behind this limitation is that a joint-owner has the right to receive fair market value for his or her interest in the property. The true test for fair market value is by way of sale in the…

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