This is how you determine who gets the cottage in the event of a divorce

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    In addition to the right to share in the value of a marital home in the event of a divorce, both spouses have the same right of ownership. You can neither be kicked out, even if your name is not on the title, nor can the property be sold without the consent of the other.

    Strategies to protect the hut

    Ideally, a prenuptial agreement would have been recommended by a lawyer to help his clients protect the family home in the event of a divorce. This and other property to be protected should be listed in the agreement so that the owner can foreclose the value of the cottage in the event of a divorce. However, all rights regarding ownership and protection from the property sold are available to the other spouse due to the special protection in the Family Law Act.

    For couples who are already married, counselors can recommend protecting the family house with a marital home label. Each spouse must agree to the determination of the place of residence in which they have their habitual abode as the sole conjugal residence. This means that all other goods that are not registered as marital home by both spouses no longer fall under this category.

    If the family gets along after the divorce, a family law attorney can help draft a “co-ownership” agreement of the cottage that allows the use of the property for the children’s vacation or the right to use the cottage for the non-owner spouse.

    Some families own property in other provinces and even in other countries. In this case, property outside of Ontario cannot be considered a marital home and does not have the safeguards described above. This means that the cottage will be treated the same as any other illegitimate home ownership. If it is acquired before the marriage, the increase in value is shared with the divorcing spouse. If it was acquired during the marriage, then everything will be shared with the divorcing spouse. Gifts and / or inheritances during the marriage used for these apartments in other provinces are considered excluded assets and will not be eligible for compensation.

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