Real Property & Homestead Rights

About Homestead Rights

Winnipeg Homestead Rights and Common Law Marriage

When a common law marriage or standard marriage involves homestead property, it may be that when the couple ends their relationship that they may require help from a Winnipeg divorce lawyer regarding homestead rights. The laws surrounding homestead rights give one partner at a time rights in a common law marriage to the property involved. A second or subsequent spouse cannot acquire or gain the homestead rights to a property until it has been legally released by the former partner. In cases in which a former partner has a claim under law and that claim has already been satisfied through payment or other arrangements, the property can then be legally released. This must be finalized through the court in order to ensure that no future claim can be made against the property.

Property in Divorce in Winnipeg

Family assets are considered to be those assets including the family home, money in all savings or other bank accounts, stock accounts, trust companies or credit unions that has been proven to be accessed for the support of the family through the years.  When homestead property is involved, the Family Property Act is part of the laws the court must adhere to in making a judgment. Any homestead property will be adjudicated against this act. If you are facing a divorce in a standard or common law marriage and are an owner of homestead property, it is important that your rights are fully protected in any property division matters. You have rights and how the law will affect the outcome of your case can be discussed with our family law attorney, who has great experience in resolving matters of homestead property and divorce. The division of family property can be one of the most hotly contested parts of a divorce, and ensuring that you are protected is crucial. You are protected by both the Homestead Act and the Family Property Act, but each individual case has its unique circumstances and should be evaluated by one of our attorneys to determine how to best approach the situation in court. The family home and who will continue to live there must be determined as measured against the law, the financial abilities of each of the former partners, and the children involved. The court will evaluate all aspects of the former relationship and this can be determined by the judge when the two parties cannot come to an agreement without intervention. In some cases, mediation is a good option to avoid a court decision that could have a negative effect on those involved. Contact a Winnipeg Divorce Attorney for legal guidance and skilled representation in matters surrounding homestead property and divorce.