Who we are
Property Division Lawyer
We are dedicated to support you and your family.
Property disputes in the family law context are issues that are frequently ubiquitous in family law litigation.
They often occur during the breakdown of a relationship when joint assets are held between the parties.
Everything you need to know
What is property division
So what happens to the joint property when the relationship has ended? How is this property supposed to be divided? Depending on the facts of the case, joint assets are presumed to be divided pursuant to ownership as reflected on the Land Registry Office of Ontario. However, this does not preclude either party from making claims in equity for more than what is reflected in the Registry office, in terms of proprietary interest.
In a family law dispute, there may also be situations where only one spouse is on title to a property, with the other spouse (who holds no legal interest in the property) has made significant contributions towards the acquisition, maintenance, upkeep, and carrying costs of the property and/or to the joint family venture. In Ontario, the non-title holding spouse may be entitled to commence a family law Application in order to have the Court recognize their contributions and award some beneficial interest in the property proportionate to same.
Everything you need to know
Disputes involving property purchased with a family member
In the family law context, property can often be purchased with a spouse and a third party (i.e. a member of one’s family.) While there are no issues with purchasing assets with third parties, such as family, there can be complexities.
For instance, when property is owned by a spouse and a third party and contributions are made by a non-titled spouse, this may entitle the non-titled spouse to claims in equity for a beneficial interest in the home.
Everything You Need To Know
Joint ownership disputes
Often times, property may be purchased, jointly, with a member of your family. In those circumstances, property can be held as either joint tenants or tenants in common. When property is held as joint tenants, it means that both owners have 100% ownership of the jointly held asset with a right of survivorship being applied. This right of survivorship enables the survivor owner to inherit the other co-owner’s ownership of the property upon death.
In contrast, a tenant in common ownership does not have this right of survivorship. Further, under a tenant’s in common, co-owners can have differing proprietary interests. For instance, under a tenants in common, you may possess a 30% interest in the property with your other family member possessing a 70% interest in the property. Upon death of either co-owner, the deceased owner’s proprietary interest will pass pursuant to a drafted testamentary instrument or the Succession Law Reform Act (for intestate situations). children are minors or adults.
Everything You Need To Know
How does the court handle property ownership disputes?
Pursuant to the Partition Act in Ontario, proprietary interest holders have a prima facie entitlement to compel a partition and sale of property.
Notably, s.2 of the Partition Act, Ontario reads as follows:
“All joint tenants, tenants in common, and coparceners, all doweresses, and parties entitled to dower, tenants by the courtesy, mortgagees or other creditors having liens on, and all parties interested in, to or out of, any land in Ontario, may be compelled to make or suffer partition or sale of the land, or any part thereof, whether the estate is legal and equitable or equitable only.” R.S.O. 1990, c. P.4, s. 2. minors or adults.
Frequently asked Questions about Property Division
FAQ
What happens in family dispute resolution?
Dispute Resolution Officers (DROs) are senior family lawyers appointed to conduct family case conferences. DRO programs provide litigants in family proceedings with an early evaluation of their case by a neutral third party. This service often narrows the issues in dispute and facilitates settlement. The work conducted by DROs mainly deals with motions to change child and spousal support orders.
Why choose us
Lakhan Tram as your property division lawyer
The difference between us and other property division lawyers in Ontario
Communication
We are always prepared to listen. We are committed to the use of best-in-class technology at all steps of the litigation process to ensure prompt communication, transparency and ongoing information sharing.
Experience
Our team appears routinely before both the Ontario and Superior Courts in Brampton, Ontario, the judicial centre responsible for hearing family law matters for Mississauga and Peel Region. Our lawyers each have personal knowledge of the community, its institutions and its growth.
Focus
Our focus is on family law and related civil matters. We are not generalist practitioners. We always question the status-quo and find the most effective and efficient way to support you in your matter.
Affordable Fees
We offer affordable pricing structures and options for litigants – there are never any hidden costs! We understand that fees associated with litigation can often add to an already stressful process.
Which family law areas does Lakhan Tram support?
Child Support
Child support seeks to establish a fair standard of support for children that ensure that they benefit from the financial means of their parents. Child support is guided by the Child Support Guidelines but has many variables that must be taken into account before determining the appropriate amount to be paid. Speaking with a lawyer can help clear up any questions you may have in this regard.
Spousal Support
The issue of spousal support can be very emotional and acrimonious. Working with a team with the experience navigating these fact specific issues, is key to ensuring an effective and equitable resolution when claims for spousal support arise. We assist both common law and married spouses in their applications for support in the event of the breakdown of their relationship.
Motions
Motion are formal proceedings used to obtain temporary (interim) relief in your matter and can range from simple procedural to very complex substantive issues. We have experience with urgent and ex-parte motions dealing with a wide range of issues from freezing of assets to urgent child relocation requests.
Conference and Trials
Conferences are an integral part of the family litigation process, each with their own aims and objectives. We have attended hundreds of conferences and are able to make the most effective use of judicial resources to assist our clients in achieving their objectives.
What can you expect from us?
Unparalleled Customer Service
Constant communication, updates and projected timelines with respect to the completion of your matter are hallmarks of our practice philosophy. We are frequently recommended by our former clients and peers and are known for our unparalleled customer service.
Transparent Fees
Invoices are routinely issued at set intervals and you are always kept abreast of any anticipated increases in costs relating to your matter. By ensuring that there are no surprises, you can be assured that your hard earned money is always well spent.
Results Oriented
We pride ourselves in working with you, early on, to develop a strategy that is aligned with your goals and objectives. We utilize our broad repertoire of tools to achieve those goals and have assisted countless clients in their pursuit of justice.
Meet your Team
Helmed by litigators R. Sean Lakhan and Daniel Tram, Lakhan Tram LLP offers services to individuals, and families in Mississauga, Ontario and surrounding regions.
We are committed to providing sound advice and fearless advocacy for our clients who are experiencing some of the most difficult challenges in their lives.
The issues that arise upon the breakdown of a relationship or marriage can be extremely difficult and scary. We aim to take this fear out of the separation and divorce process, by ensuring our clients are informed, advised and supported.
We are Family Lawyer in Mississauga
Ravi Sean Lakhan
LLM Partner
Daniel Tram
LLB Partner
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