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Question 1
Natalie Brooks and Owen Brooks married in 2015 and have two children, aged 8 and 10. On March 1, 2025, Natalie moved with the children from the family home in Oakville, which is registered in Owen's name alone, to her mother's house in Guelph. Owen came back to Oakville over Christmas 2025, and the spouses lived together there for ten days in an attempt to reconcile; the attempt failed and they have lived apart since. During the marriage, Natalie inherited $40,000 from her aunt and used it to pay down the mortgage on the Oakville home. Owen moved to Calgary for work in the fall of 2025 and now lives there. On February 15, 2026, Natalie started a proceeding in the Superior Court of Justice in Ontario claiming a divorce, equalization of net family property, child support and parenting orders. In June 2026, after a case conference, the court made a temporary order under the Divorce Act giving Natalie decision-making responsibility, with the children living primarily with her and spending every other weekend with Owen. Owen does not have a lawyer. You act for Natalie.
Natalie wants her $40,000 inheritance excluded from the equalization calculation. You advise her that:
A.No exclusion is available, because the inheritance was put into the matrimonial home.
B.The $40,000 is excluded, because the payment can still be traced into the Oakville home.
C.The $40,000 is excluded only if her aunt's will expressly said it was to be excluded.
D.The $40,000 is deducted from Owen's net family property, because it paid down his mortgage.
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Answer: A. No exclusion is available, because the inheritance was put into the matrimonial home.
Section 4(2) of the Family Law Act excludes property acquired by gift or inheritance after the marriage, but paragraph 1 excepts a matrimonial home, and paragraph 5 allows tracing only into property "other than a matrimonial home". Once Natalie paid the inheritance onto the Oakville mortgage, you cannot claim the exclusion for her. (B) Tracing is available under paragraph 5 only into property that is not a matrimonial home, so traceability does not help. (C) An express statement by the testator matters for excluding income from inherited property under paragraph 2, not the inheritance itself. (D) No deduction is made from Owen's net family property for Natalie's payment; under s. 4(1) his deductions are his own debts and his own date-of-marriage property.
Question 2
Marta and Igor Belic married in 2010 and have two children, now aged 12 and 9. Igor is an engineer who earns $310,000 a year; Marta earns $45,000. In May 2026 Marta left the matrimonial home in Waterloo with the children and rented a townhouse nearby. The home is in Igor's name alone. Since July 2026 Igor has been living in the home with a new partner. In 2018 the spouses signed a marriage contract dealing with their property. Marta has retained you to act for her.
Marta wants a divorce as soon as possible. Under the Divorce Act, she:
A.Must wait until she and Igor have lived apart for one year before starting a proceeding.
B.May seek a divorce now, based on Igor's adultery, if she can prove it.
C.May seek a divorce now, based on Igor's adultery, only if he admits it in writing.
D.May seek a divorce now, based on adultery, only if it occurred before she moved out.
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Answer: B. May seek a divorce now, based on Igor's adultery, if she can prove it.
Under s. 8(2)(b)(i) of the Divorce Act, breakdown of the marriage is established if the spouse against whom the proceeding is brought has committed adultery since the marriage. Igor's living with a new partner since July 2026 is evidence of adultery, so Marta can start a divorce proceeding now on that ground instead of relying on separation under s. 8(2)(a). (A) Even on the separation ground, s. 8(2)(a) requires only that the spouses be apart when the proceeding starts and for one year before it is determined; adultery has no waiting period at all. (C) Adultery is proved on the evidence; the Act does not require a written admission. (D) Section 8(2)(b) covers adultery committed at any time 'since celebration of the marriage', including after separation.
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