Plain-language questions and answers about Ontario law.
If your mortgage has its own power of sale, the sale cannot be made until 35 days after notice; a mortgage without one needs 45 days' notice.
Read the full answer →The spouse with the smaller net family property is entitled to half the difference between the two, with some property excluded.
Read the full answer →In general, a court claim for an equalization payment must start within six years of separation or two years after divorce, whichever is first.
Read the full answer →Ontario family cases have no single timeline, but the rules set fixed steps and deadlines. See what shapes the timing and what can speed it up or…
Read the full answer →No set timeline exists for most steps of an Ontario family case, but the order of steps and early deadlines are clear, and several factors affect…
Read the full answer →There is no fixed timeline, but the law sets a 30 or 60-day answer period, and a divorce takes effect on the 31st day after judgment.
Read the full answer →Published LTB timelines say L1 and L9 applications are scheduled in about 3 months and most others in 5 to 7 months, with orders within 30 days of…
Read the full answer →There is no single waiting period for every estate: an intestacy has a one-year bar, and spousal and support claims can affect timing.
Read the full answer →Ontario law lets an executor take a fair and reasonable allowance for care, pains, trouble and time, set by a judge if needed, not a fixed percentage.
Read the full answer →A marriage contract can exclude property from equalization in Ontario, but it cannot limit your rights in the matrimonial home.
Read the full answer →Selling in Ontario involves legal fees, commission plus 13% HST, a possible mortgage penalty and other costs, so net proceeds depend on your…
Read the full answer →Title insurance is optional in Ontario and paid as a one-time premium; it may cover title defects and fraud but excludes defects you knew about.
Read the full answer →Ontario estate administration tax on a $500,000 estate is $6,750: nothing on the first $50,000, then $15 per $1,000 above that, or 1.5%.
Read the full answer →Spousal support guidelines estimate amount and length from the income gap and years together, but they are advisory and a judge can go outside them.
Read the full answer →Most inheritances are not reported as income in Canada, but an Ontario resident with foreign property over $100,000 may have to file Form T1135.
Read the full answer →An executor must file the deceased's final T1 return and generally needs a CRA clearance certificate before distributing property.
Read the full answer →The Condominium Act does not require owners to carry insurance, but your governing documents may, and the corporation's policy leaves gaps.
Read the full answer →Under the Divorce Act, custody is no longer used: decision-making responsibility replaced custody and parenting time replaced access since March 2021.
Read the full answer →Using a real exemption is legal, but understating the price is an offence with fines and possible jail, and the Act also has an anti-avoidance rule.
Read the full answer →A share sale may let you use the lifetime capital gains exemption, while an asset sale is taxed in the corporation; here is how the two differ in…
Read the full answer →Estate accounts record what came in, what went out and what is left; accounts filed with the court follow a set list under the Rules of Civil…
Read the full answer →The usual order is offer or letter of intent, due diligence, purchase agreement and closing, with legal checks on tax, WSIB, the lease and employees.
Read the full answer →Before a court appoints an estate trustee on an Ontario intestacy, a relative has no legal authority over the estate, so act carefully and get advice.
Read the full answer →Sellers in Ontario usually pay legal fees, a mortgage discharge fee and often realtor commission, plus other costs that depend on your sale.
Read the full answer →Generally no motion is heard before a case conference, but the rule does not apply in urgency or hardship, and some motions can be made without…
Read the full answer →A matrimonial home is property you and your spouse ordinarily lived in as a family residence, and an Ontario couple can have more than one.
Read the full answer →Condo fees pay for common element upkeep, cleaning, building maintenance, management and reserve fund contributions, split by your unit's percentage.
Read the full answer →You need the original will and codicils, proof of death, Form 74A and other court forms, plus documents that support the value of each asset.
Read the full answer →A real estate lawyer reviews your agreement, searches title, prepares documents and registers the transfer, and transfers generally need two lawyers.
Read the full answer →A share purchase agreement usually covers price, closing conditions, warranties and covenants, but most protections are set by contract and tax rules.
Read the full answer →In Ontario, the married spouse with the larger net family property pays the other half the difference as an equalization payment, after exclusions.
Read the full answer →A non-resident executor may need to give security, handle Ontario filings and tax clearance, and think about where the estate is managed for tax…
Read the full answer →A court can set aside a prenup in Ontario if a party failed to disclose significant assets or significant debts existing when it was made.
Read the full answer →If an executor dies or is incapable, a replacement can be appointed by a court certificate, with the Public Guardian and Trustee as a last resort.
Read the full answer →Skipping required probate in Ontario can leave land and accounts stuck and make a representative personally liable for tax debts if they distribute…
Read the full answer →If your ex breaks a separation agreement in Ontario, you can register support with the Family Responsibility Office or ask a court to enforce it.
Read the full answer →If a seller refuses to close in Ontario, a buyer may seek specific performance or damages and register a certificate of pending litigation on title.
Read the full answer →Co-executors who disagree can ask the court for opinion, advice or direction without starting an action, or seek removal of an executor if needed.
Read the full answer →Understating the price is an offence in Ontario, with a fine of at least the greater of $1,000 or 50% of the tax owed, plus possible penalties.
Read the full answer →If your spouse does not answer your application, the Ontario family court case can still go ahead without them, often on affidavit evidence.
Read the full answer →In Ontario, an estate with no will and no heirs goes to the Crown, but the law searches wide through relatives first, and later claims are possible.
Read the full answer →When the last joint owner dies, no one is left to take by survivorship, so the property goes to that person's estate and an estate trustee deals with…
Read the full answer →If a trust's only trustee dies, their personal representatives can act for now, and a replacement is appointed in writing or by the court.
Read the full answer →In Ontario, a Family Law Act support order binds the payor's estate unless it says otherwise, and a child may also claim support from the estate.
Read the full answer →If no beneficiary is named or none is living, the insurance money is paid to the estate in Ontario, where it can face estate debts and probate tax.
Read the full answer →If your home is sold under power of sale, proceeds follow a set order, but that order does not apply to a mortgage with its own power of sale.
Read the full answer →An Ontario pension counts as property in net family property, and an RRSP can move tax-free between separated spouses under an order or agreement.
Read the full answer →The brokerage normally holds the deposit and, if you and the buyer disagree, pays it out only on a signed release from both sides or a court order.
Read the full answer →A married spouse can ask an Ontario court for exclusive possession of the matrimonial home even if it is in the other's name; unmarried partners…
Read the full answer →An adult child added to a parent's title is presumed to hold the house on resulting trust for the estate, unless a gift is proved.
Read the full answer →Child support income starts from Total income on your tax return, adjusted for dividends and capital gains; a court may look at three years for…
Read the full answer →A bare trust is where someone holds property as agent for the real owner; reporting depends on the year and exceptions such as joint accounts.
Read the full answer →An Ontario court requires a bond when there is no will, the applicant is not named in the will, or lives outside Canada and the Commonwealth.
Read the full answer →A certificate of pending litigation is a registered notice on land that warns buyers of a claim, and the court can discharge it on set grounds.
Read the full answer →A common-law spouse in Ontario may claim support and child support, but has no automatic property equalization or home possession rights.
Read the full answer →A condo reserve fund is an account kept only for major repairs and replacements; read the reserve fund study and funding plan to judge if it is…
Read the full answer →An FHSA is a savings account for first-time buyers, and a qualifying withdrawal for a home is tax-free when you meet the eligibility and withdrawal…
Read the full answer →An Ontario adoption home study is a mandatory SAFE assessment with four to six interviews over about four to six months, plus PRIDE training.
Read the full answer →Form 35.1 is a sworn parenting affidavit you file with an application, answer or motion to change that includes claims about children in Ontario.
Read the full answer →An Ontario closing is when the transfer is registered electronically and land transfer tax is paid; the steps leading up to it depend on your…
Read the full answer →A real estate joint venture in Ontario is people pooling money to buy or develop property, often as co-ownership, a partnership or a corporation.
Read the full answer →A lawyer's trust account holds your closing money separately until the deal closes; the Compensation Fund is a last resort and wire fraud is the risk.
Read the full answer →An executor's job runs from finding the will to paying debts and taxes and distributing what remains, with returns and clearance in between.
Read the full answer →An irrevocable beneficiary cannot be changed by the insured without that beneficiary's consent while they are living, under Ontario's Insurance Act.
Read the full answer →Collaborative family law uses separate lawyers and a promise not to go to court; mediation uses a neutral mediator. Here is how they differ in…
Read the full answer →Equalization is a money payment from the spouse with the higher net family property to the other, equal to half the difference, not a split of each…
Read the full answer →No official source gives an average Ontario condo fee; what you pay depends on your unit's share, size, amenities, building age and reserve fund…
Read the full answer →The final return is due April 30 of the next year for deaths from January 1 to October 31, or 6 months after the death for November and December…
Read the full answer →A parenting order is a court order you can enforce, while an informal plan can be hard to enforce; putting a plan in an agreement or order helps.
Read the full answer →A primary beneficiary is paid first; a contingent beneficiary is named to take the share if the primary beneficiary dies first, in Ontario.
Read the full answer →A shore road allowance made by Crown surveyors in a municipality is a highway owned by the municipality, opened or not, unless it has been closed.
Read the full answer →Joint tenants pass a share to the survivor by right of survivorship, while a tenant in common's share goes through the estate, with exceptions.
Read the full answer →You must file Form 13 for a support claim or Form 13.1 for any property claim, with exceptions such as table child support only.
Read the full answer →Title insurance is not required by law in Ontario; a standard owner's policy covers hidden title defects and fraud, but has exclusions.
Read the full answer →Ontario's child protection law defines relatives and community members, but which documents the society wants as proof depends on your situation.
Read the full answer →A cohabitation agreement in Ontario can cover property, support, and what happens on separation or death, but not parenting time or decision-making.
Read the full answer →Getting into an ex's email or social media without right can be a Criminal Code offence, so secure your own accounts and keep evidence instead.
Read the full answer →Married spouses share the value of property built up in the marriage, not each item, so the car, furniture and accounts are counted by value.
Read the full answer →The estate goes to the Crown only if no relative of any qualifying degree exists, and a lawful heir found later can still claim it.
Read the full answer →The estate pays the tax, but a trustee can face personal fines for not filing or misstating; liability after distributing depends on the facts.
Read the full answer →Inside a municipality, a shore road allowance is under the municipality's jurisdiction unless it was legally stopped up and sold.
Read the full answer →Who pays for tree damage to your fence or roof depends on the cause and your insurance, and a claim generally must start within two years.
Read the full answer →Debts reduce net family property, and a negative result counts as zero, so the other spouse does not take on your shortfall in an equalization.
Read the full answer →Whether you inherit a seller's debts depends on a share or asset purchase, and on WSIB, tax and creditor searches done before closing.
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