family lawyer Toronto- divorce attorney Toronto

family lawyer Toronto- divorce attorney Toronto

Family & Divorce Lawyer In Toronto And Vaughan

Hummingbird Lawyers LLP has a family lawyer in Toronto and Vaughan offices. The team works to resolve all types of family-related legal matters in a fair, respectful, and punctual fashion. Regarded as an experienced Divorce Lawyers in Toronto, we pride ourselves on our wealth of experience in the areas of relationship breakdown (including separation and divorce), spousal support, child support, division of property and equalization, custody and access, pensions and trusts, and mobility issues.

Through our experience and knowledge, we understand the importance of getting these challenging matters right, especially when children are involved. Our collaborative approach to family law minimizes conflict by swiftly arriving at a fair, practical settlement. Our team understands how difficult these situations can be, both emotionally and legally. Because of this, we also support you for the road ahead, with counsel in the division and disposition of shared property, updated estate planning, and custody agreements. Our collaborative approach to family law minimizes conflict by swiftly arriving at a fair, practical settlement for our clients in Toronto, and the surrounding GTA.

Child Custody Lawyer

Seeking divorce can be an overwhelming legal step, and there are many variables that you need to be aware of. Retaining legal counsel for matters of Family Law can help you understand the basics when seeking relief from the Family Courts in Ontario. Understanding the requirements for getting a divorce, highlighting the forms you need to fill out, how to set up living arrangements for your children, education on child and spousal support and the sharing of property and debt can help you as you look to move forward.

Child Custody Lawyer

If you are seeking counsel in the areas of relationship breakdown, Hummingbird Lawyers LLP can help walk you through an overwhelming situation while offering support and legal counsel. We understand how difficult it can be, and our Family Law team can be there for you. Please use our Family Law Client Intake Form, or contact Jaime Dym for additional information about our wide range of family law services.


Family and Divorce Lawyers

    • Collaborative Family Law
    • Contested Divorces
    • Uncontested Divorces
    • Spousal Support
    • Child Support
    • Custody and Access Rights
    • Mobility Issues and Rights
    • Division of Property, including the Matrimonial Home
    • Equalization of Net Family Property
    • Complex Estate Planning
    • Trusts, Pensions, Taxation and Family Businesses
    • Litigation Strategy and Management
    • Appeals
    • Separation Agreements
    • Marriage Contracts
    • Cohabitation Agreements
    • Prenuptial Agreements

Frequently Asked Questions

My spouse and I just separated, can I move out of the matrimonial home?

There is no simple answer to this question other than “talk to your lawyer first”.

The facts of each family law case are unique and it is possible for you to prejudice the rights and claims you may have against your spouse if you vacate the matrimonial home without having first addressed other issues such as support and property division.

It is important to note that as a married spouse, regardless of whether or not the title of the home is registered under your name, you are entitled to occupy (possess) the matrimonial home, unless there is a court order or a written agreement for exclusive possession of the matrimonial home in favour of one of the spouses.

Vacating the matrimonial home too early will make it very difficult for you to try to move back there, even if the circumstances require you to do so.

It will affect parenting arrangements and the children’s (if any) primary residence. Furthermore, it can affect your obligations to pay support or your entitlement to receive support from your spouse.

On the other hand, there are compelling reasons for one spouse to vacate the matrimonial home soon after separation and that is to reduce conflict between the parties and (if applicable) to reduce the risk of emotional harm to the children.

In cases with a history of domestic abuse, there may also be safety concerns that would compel one spouse to vacate the matrimonial home immediately.

In short, this decision requires a cost-benefit analysis that is fact-specific. Given the multiple layers of issues that arise from the breakdown of a domestic relationship, it is best to seek the advice of a family law lawyer to understand what is the best decision for you after considering all the different angles of this decision and understanding how your other rights and obligations may be affected.

My spouse and I are separated and we own our home together, does that mean that he can buy me out if we decide to sell the matrimonial home?

No! Unless there is an agreement between the parties with respect to a “right of first refusal”, one spouse does not have a ‘special right’ to purchase the other spouse’s interest in the matrimonial home.

In fact, the courts in Ontario have repeatedly recognized that each spouse is entitled to receive fair market value for his or her interest in the matrimonial home once it is ordered to be sold.

The Ontario Court of Appeal has stated that when selling the matrimonial home after separation, both spouses/owners are free to bid at the sale but neither party can be given a right of first refusal.

Therefore, unless you consent to it, your spouse has no special right to purchase your share in the matrimonial home.

My spouse has offered to purchase my interest in the matrimonial home at fair market value, what are the risks if I say yes?

When spouses are discussing selling and dividing their assets after separation, the proposal of one spouse buying the interest of the other spouse in a jointly-held property comes up frequently.

The right of first refusal–which means giving your spouse the right to purchase your interest in a matrimonial home (or other property), before any other potential buyer–is a right that can only be obtained through consent.

Therefore, before you agree to sell your share to your spouse, you should be aware of a few risks that can affect you.

Quantifying the economic value of your home may be difficult and you may hear the other side saying: “appraisal reports are too low”, “real estate opinions are too high” and so on.

A common practice for parties in such scenario is to list their home on MLS for sale and the spouse with the right of first refusal would then meet or beat the best offer.

The problem with this practice is that ‘the right of first refusal’ has to be disclosed to the potential buyers, which then distorts the market: it removes the need for that spouse to compete with the market and it discourages other interested buyers.

Also, if the spouse who has been granted the right of first refusal is living in the matrimonial home, he or she may make less of an effort to maintain the property in a condition that would increase its resale value.

Before agreeing to grant the right of first refusal to your spouse, a right that only you–and not the court–can give him or her, make sure that you speak with a family law lawyer, who can advise you on what would be the best, comprehensive deal you can make, taking into account all of the other financial claims and obligations that pertain to your case.

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Hummingbird Lawyers LLP

Hummingbird Lawyers strategically assists businesses and individuals in the areas of corporate law, commercial and residential real estate transactions, wills and estates, employment law and commercial and family law litigation.

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