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MYTH: “If I leave the family home after separation, I will not be entitled to my share in that property.”

MYTH: “If I leave the family home after separation, I will not be entitled to my share in that property.” OR “if I’m not registered on title to the family home, I cannot make a claim to the family home”
FACT: There is no requirement that you must stay in the family home in order to maintain a financial interest in the property, we do not operate on “possession is 9/10ths of the law”. Our legislation defines family property as “all real and personal property on the date that the spouses separate that is owned by at least one spouse or that at least one spouse has a beneficial interest in”.  This means that if both spouses are on title to the home but one has moved out for any reason, the home is still family property.  It also means that if only one partner is registered on title, the home is still family property.  When parties separate, the situation is often volatile.  It may make sense for everyone’s comfort and safety that one party move out.  Rest assured that such a decision is not considered abandonment of your interest.  Make a decision about who lives where based upon considerations of how to reduce conflict.

If you have questions about your situation, please, never hesitate to give us a call 778 478 1168