Family Law Articles

95 blog articles · Page 1 of 10

Written by Miao He · Bilingual Mandarin & English · 647-930-6688

Page last updated: October 24, 2026

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Pagination shows the latest posts. The groups below collect all 95 articles so you can go straight to a specific issue.

Property Division & Net Family Property

The matrimonial home, pre-marriage deductions, why a pre-marriage home still occupied as the family residence on separation day gets no wedding-day deduction, why only a pre-separation sale, move-out or rental may bring that deduction back, why under five years almost never shocks the court into unequal division, parental gifts, why moving mom’s gift between accounts weakens the proof, why parents’ house money that goes through the child’s account with living expenses spent cannot be saved by amount or speed alone, why it is not too late after the wedding to contract the home and a parental down payment, why a company registered in your name is counted on your side first even if you never looked at the books, why bank statements and tax records a spouse kept while doing the books of a joint business can be used if lawfully obtained and why banks keep records only seven years, why an RRSP or TFSA in the other spouse’s name is not returned by contribution ratio, why equalization and spousal support cannot be paid to the children instead of the spouse, why company-held property still counts in a divorce, why an agreement signed under family pressure to give up property generally will not hold, forced sale, whether a post-separation increase is still shared, why an underwater house can be held after divorce but a court still uses the separation-date numbers, why a house bought after separation with money already on the books is not counted twice but must be disclosed and can be ordered sold if equalization cannot be paid, whether you can stay with the kids when title is in the other name, whether you can designate a house in his name as the matrimonial home so he cannot secretly mortgage it, whether a house titled in the in-laws’ names after a decade still yields a share, whether a wrong NFP can be recalculated, equalization limitation periods, an ex still occupying the house after divorce, why a family lawsuit will not stop a bank sale after mortgage default, why an RESP set aside for university is still reachable by the bank, why a pile of debts produced at divorce is not split down the middle automatically, why three years of common-law cohabitation in Ontario does not equalize property, why transferring a house share on a common-law split does not buy out child support, why a China divorce followed by remarriage is measured from the remarriage date, why assets in the husband’s name cannot be left to the children by will without a divorce, and why selling the house and splitting the money with an AI-written agreement is not closing the case.

37 articles

Cross-Border Assets & China–Canada Divorce

Property in China, cross-border disclosure, recognition of judgments, whether a China-only marriage needs two divorces if you live in Canada, answering a Chinese divorce claim while you live in Canada, equalization and support after a foreign divorce, whether university expenses can still be claimed after a China divorce agreement that only ran to 18, why a China divorce followed by remarriage is measured from the remarriage date, sponsorship after divorce, why wanting to immigrate with a toddler does not get you sole decision-making, and relocating or recovering a child from China.

18 articles

Child Custody & Support

Best-interests tests, whether wanting sole custody just means the kids live with you, why wanting to immigrate with a toddler does not get you sole decision-making, whether a child’s reluctance supports supervised parenting time, whether an adult child is still a custody case, relocation, whether support can be waived, why equalization and spousal support cannot be paid to the children instead of the spouse, whether university expenses can still be claimed after an agreement that only ran to 18, why transferring a house share on a common-law split does not buy out child support, retroactive support before anyone files, foreign divorce and spousal support, imputed income, why reporting $3,000 a month does not end the inquiry, SSAG, and China–Canada differences in support.

18 articles

Family Violence, Restraining Orders & Court Procedure

Emergency protection, default judgment, costs, regional court differences, stalled files, why a simple divorce filed and left is dismissed 60 days after the 365-day Notice of Approaching Dismissal, why a spouse shoving a divorce application into your hands is not valid service but ignoring the papers can still lead to default, why a family lawsuit will not stop a bank sale after mortgage default, whether files accidentally shared with you can be used in court, and why bank statements and tax records a spouse kept while doing the books of a joint business can be used if lawfully obtained — banks keep records only seven years.

15 articles

Separation, Contracts & Choosing a Lawyer

Separation date, same-roof separation, why eating together and attending weddings as a couple can undo a date you agreed, why a verbal split does not lock a later house purchase, why a pre-marriage home still occupied on separation day gets no wedding-day deduction and the date should be put in writing, agreements, why both sides cannot share one lawyer to draft, why an oral promise that the house and money are yours counts for nothing in court, why an oral extra 10% does not return an RRSP in his name by contribution ratio, why a verbal swap of property for sole decision-making does not count either, why a separation agreement that waives inheritance still is not a will, why a clause sending equalization or spousal support to the children is empty without the trust documents, why assets in the husband’s name cannot be left to the children by will without a divorce, why a separation agreement can still move your share into your name without a divorce, why writing that the RESP is yours in a separation agreement still does not bind the bank, why selling the house and splitting the money with an AI-written agreement is not closing the case, why an underwater house can be held after divorce only if the plan is written into the agreement, why transferring a house share on a common-law split does not buy out child support, why an agreement that only ran to 18 does not automatically extend to university, prenups that cannot lock parenting, why it is not too late after the wedding to contract the matrimonial home and a parental down payment, why an agreement signed under family pressure to give up property generally will not hold, why under five years almost never shocks the court into unequal division, why a simple divorce filed and left is dismissed 60 days after the 365-day Notice of Approaching Dismissal, common-law breakdown, why three years together still does not split property like a marriage, fees, and how to choose counsel.

36 articles

Estates & Same-Person Proof

After death a same-person declaration cannot be made. Only old documents and government records remain; if those are gone, you cannot prove it. An unsold house is still deemed sold at market value on the date of death. A separation agreement that waives inheritance still is not a will. Equalization and spousal support cannot be paid to the children; to leave money, use your own share — a trust, beneficiaries, a will. Assets in the husband’s name cannot be left to the children by will without a divorce. A will for assets in China is signed in China; parent-child and hukou notarizations should be done now.

6 articles

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