Question 1: Do Ron and Hermione have a matrimonial home or home(s)? Which one or one(s). Explain your answer. Does the Marriage Agreement affect the outcome?
Ron and Hermione have two matrimonial homes. The first is the house in downtown Kingston. Although it did not explicitly state in the text that this is where they were currently residing, it can be assumed, they both equally paid for the house’s expenses and no other houses were being lived in during the time of their separation. Although Muskoka cottage was in use, it was during the summer and their separation occurred in September. Therefore, it can be inferred that they were living in their downtown Kingston home at the time of separation, which meets the definition of a matrimonial …show more content…
It meets the definition of a matrimonial home, as it is considered a seasonal home, as Ron and Hermione “use it as a cottage” (Paragraph 6, The Exercise). In addition, the couple resided in the home together in the summer of 2017, which meets the matrimonial home expectation that the couple lived together in the house at some point in the past twelve months. The Marriage Agreement would affect the outcome of the home owned by Hermione, if the couple had been living there during the time of separation. However, since the couple had only lived in the home during two years after marriage, and they had been married for ten years, the home is not considered a matrimonial home. If they had been living in the home during their time of separation, then it would have been considered a matrimonial home, as Hermione owned the home before marriage and …show more content…
The Muskoka cottage meets the definition of a matrimonial home, as it is considered a seasonal home, as Ron and Hermione “use it as a cottage” (Paragraph 6, The Exercise). Also, the couple resided in the home together in the summer of 2017, which meets the matrimonial home expectation that the couple lived together in the house at some point in the past twelve months. Even though Ron has ownership of the home, since it is considered a matrimonial home, Ron “can’t sell it, or give it away without the written permission of the other spouse” (section 21(1) of FLA). Consequently, if Ron put the Muskoka cottage up for sale and did not obtain Hermione’s written permission, he would be in violation of section 21(1) of the Family Law
Ron and Hermione have two matrimonial homes. The first is the house in downtown Kingston. Although it did not explicitly state in the text that this is where they were currently residing, it can be assumed, they both equally paid for the house’s expenses and no other houses were being lived in during the time of their separation. Although Muskoka cottage was in use, it was during the summer and their separation occurred in September. Therefore, it can be inferred that they were living in their downtown Kingston home at the time of separation, which meets the definition of a matrimonial …show more content…
It meets the definition of a matrimonial home, as it is considered a seasonal home, as Ron and Hermione “use it as a cottage” (Paragraph 6, The Exercise). In addition, the couple resided in the home together in the summer of 2017, which meets the matrimonial home expectation that the couple lived together in the house at some point in the past twelve months. The Marriage Agreement would affect the outcome of the home owned by Hermione, if the couple had been living there during the time of separation. However, since the couple had only lived in the home during two years after marriage, and they had been married for ten years, the home is not considered a matrimonial home. If they had been living in the home during their time of separation, then it would have been considered a matrimonial home, as Hermione owned the home before marriage and …show more content…
The Muskoka cottage meets the definition of a matrimonial home, as it is considered a seasonal home, as Ron and Hermione “use it as a cottage” (Paragraph 6, The Exercise). Also, the couple resided in the home together in the summer of 2017, which meets the matrimonial home expectation that the couple lived together in the house at some point in the past twelve months. Even though Ron has ownership of the home, since it is considered a matrimonial home, Ron “can’t sell it, or give it away without the written permission of the other spouse” (section 21(1) of FLA). Consequently, if Ron put the Muskoka cottage up for sale and did not obtain Hermione’s written permission, he would be in violation of section 21(1) of the Family Law