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Divorce now, division of matrimonial home later

Anonymous Asked:

My husband wants to divorce now and deal with the division of matrimonial home next year because he cannot buy me out right now. Can he do that?
Thanks.

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Andrew J. Kania, LL.B., LL.M.
8 years ago

It is possible to obtain a divorce prior to dealing with the equalization of Net Family Property, which would include the disposition of the matrimonial home, either by way of a buyout or sale. However, in most cases it is advisable to first deal with all of the corollary relief issues, which include property division, custody, access, child support, spousal support, etc., prior to obtaining a divorce. I am not saying that this applies to your factual circumstances, as I would first need to speak with you; however you may wish to insist upon dealing with the corollary relief issues prior to the obtaining of a divorce. I would need to first speak with you and obtain your pertinent information prior to providing guidance that is specific to your case. You are welcome to telephone me at 1-877-668-9386 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).

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