Is it economically viable for one spouse to continue to reside in a matrimonial home?
Ontario, Canada
The following excerpt is from Shafaei v. Vossoughi, 2009 CanLII 38510 (ON SC):
I agree with the comments of Mr. Justice Quigley in Gainer v. Gainer 2006, CanLII 12969 where he stated at page 4: While a sale of a matrimonial home after many years of residence will inevitably cause considerable stress and anxiety to spouses who have lived in comfort for many years in such a single family abode, it may simply not be economically viable to permit a spouse to continue to reside in a matrimonial home where the economic circumstances of the parties are such that access by one or the other of the spouses to the matrimonial home capital is an economic necessity… In my view, that is precisely the situation before me.
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