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Who Gets to Stay in the House After Separation in Ontario Banner

Who Gets to Stay in the House After Separation in Ontario?

When a relationship ends, one of the most immediate and distressing questions partners face is: "Who gets to stay in the house after separation?" The answer depends on several key factors. These include your marital status, property title, children, and court orders. Many people assume that sole legal ownership automatically decides occupancy rights. However, under Ontario law, property title alone does not always determine who remains in the family home following a breakdown of the relationship. Z Legal Professional Corporation | Toronto…
August 24, 2026 Family Law 0Comment

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Estate Trustee vs. Trustee of a Trust in Ontario: What’s the Difference?

In Ontario, the roles of an estate trustee and a trustee of a trust are often confused. While the same individual may hold both roles, they are legally distinct offices, governed by different statutes, with different duties, timelines, and risks of personal liability. This distinction frequently becomes critical in estate administration disputes, trust litigation, and beneficiary claims—particularly in the Greater Toronto Area, where estates often involve complex assets, real estate, and ongoing trusts. What Is an Estate Trustee in Ontario? An estate trustee—also commonly referred to as an executor, estate representative, personal representative, or estate…
February 12, 2026 Family Law 0Comment

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Undue Influence in Will Challenges in Ontario: A High Legal Threshold

By Z Legal Professional Corporation – Estate Litigation Lawyers in Toronto Undue influence is frequently alleged in Ontario will challenges, particularly where a will benefits one family member disproportionately or is made late in life. However, the legal test for undue influence in the context of a will is significantly stricter than in lifetime (inter vivos) transactions. Ontario courts have repeatedly emphasized that there is no presumption of undue influence in wills, and the burden of proof remains squarely on the party attacking the…
February 9, 2026 Family Law 0Comment

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Undue Influence in Estate and Real Estate Transactions in Ontario

By Z Legal Professional Corporation – Estate Litigation Lawyers in Toronto Undue influence is one of the most common—and most misunderstood—grounds for challenging lifetime gifts and real estate transfers in Ontario estate litigation. It frequently arises where property is transferred shortly before death, particularly within families or caregiving relationships. Ontario courts have made clear that a transfer does not need to be overtly fraudulent or unfair to be set aside. In many cases, the law presumes undue influence based solely on the…
February 8, 2026 Family Law 0Comment

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Am I Entitled to Spousal Support If We Were Never Married?

This is one of the most common — and misunderstood — family law questions in Ontario. Yes, you may be entitled to spousal support even if you were never married. Marriage is not required. What matters is whether your relationship meets Ontario’s legal definition of a “spouse” for spousal support purposes. Below is how Ontario law actually works. Spousal Support Is Not Limited to Married Couples In Ontario, spousal support obligations extend beyond married couples. The law recognizes that financial dependence and economic unfairness…
February 7, 2026 Family Law 0Comment

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