Blogs written by lawyers at Highlander Law Group in Tantallon, Nova Scotia for people in Halifax with an interest in Real Estate Purchase and Sale, Corproate, Litigation, Debt Collection, Divorce, Probate, Wills, Power of Attorney, Trusts, Child support, Spousal Support, Custody, Migration, Debt Collection, Builders Liens, Estate Planning, Trademarks, Copyright and other Intellectual Property issues. .
Many people believe that the court favours mothers in custody battles. However, this is not necessarily true. The court must do what is in the best interests of the child. In Nova Scotia, the court will try to keep the “status quo” for children whose parents are separating, as much as is possible.
Read MoreIn Nova Scotia, we have what we call “no fault” divorce. This means that we do not take into consideration the “why” of the breakdown of the marriage, at least when it comes to the financial aspects, such as spousal support or division of property. In short, in Nova Scotia you will not be entitled to more or less support or other property because your ex-spouse had an affair or was abusive.
Read MoreIf you are experiencing any form of abuse from a partner, you should know that it is not your fault. If you wish to leave an abusive relationship, it’s important to know that your ability to have custody of your children and your entitlement to spousal and/or child support are not affected in Nova Scotia by the fact that you have experienced abuse.
Read MoreSo, you and your spouse (legal or common law) have agreed that one of you will “buy out” the other from the home you share ownership of. What does that mean?
Generally speaking each party is presumptively entitled to 50% of the equity in a jointly owned home. In order to switch it to a single spouse there are several steps.
Read MoreYou can add additional owners to your property whenever you want. The new owner does not have to pay money and they can be family members. You can make the new person an equal share owner or you can give them a certain percentage. Most commonly, parents add their children as Joint Tenants. This makes the child an equal owner with any other Joint Tenants. The benefit to the Joint Tenant route in Nova Scotia is that when one person dies, the surviving owners automatically become full owners without requiring the estate to pass through Probate Court (saving time, stress and significant money).
Read MoreIf you have rights to a property in Nova Scotia, usually by way of the Matrimonial Property Act, but you are not an official owner on title to the property, the owner of the property must get your consent before they can sell or encumber it (like a mortgage or line of credit). In almost all of these circumstances, you will have to sign the legal paperwork as the ‘Releasor’, meaning you are releasing your right to prevent the property from being sold or encumbered.
Read MoreJane Doe purchased the property a number of years ago and is currently the sole owner. Several years remain on the mortgage. Jane wants to make sure her common law partner would become equal owner of the house, and would get it outright with as few complications as possible, if Jane died. Learn how to make it happen!
Read MoreWhat is a co-habitation agreement?
A co-habitation agreement is a legally binding contract between unmarried couples who live together. In Nova Scotia, a co-habitation agreement establishes legal rights and responsibilities towards each other, similar to how marriage provides certain legal protections for couples who tie the knot.
Read MoreSharing works best when everyone is on the same page …… or preferably a few pages. Cohabitation agreements are not just for couples.
With the changing real estate market and housing shortage it is becoming more and more common for people who are not in romantic relationships, and various family members to be sharing ownership of homes.
Read MoreWhat is a co-habitation agreement?
A co-habitation agreement is a legally binding contract between unmarried couples who live together. In Nova Scotia, a co-habitation agreement establishes legal rights and responsibilities towards each other, similar to how marriage provides certain legal protections for couples who tie the knot.
Read MoreThe answer to that question, unfortunately, is a giant, “It Depends.”
The most common way a Right of Way easement is created are 1) grant 2) necessity or 3) prescription.
The first thing to determine is whether the property you are traveling over has been migrated to the new land registration system yet or not.
Read MoreIn Nova Scotia, once a property has been migrated to the Land Registration System, the rules under the Land Registration Act take over.
Easements by Grant
In theory, all granted easements should have been recorded on both parcels at the time of migration, however, from time to time, things are missed. It is also the case that when the land registration system came into place it was not a requirement for the ‘flip-side’ burden to be recorded, so sometimes those are missing. If you find yourself in that circumstance, all that is required is for the Land Registration Office to be notified of the error (by way of a prescribed form submitted by a lawyer certified to make changes to the land registration system).
Read MoreA deeded easement (meaning one that is in a written agreement and tied to a specific lot of land), gives the owner of the dominant parcel of land the right to do certain specific things over or on the land of another nearby parcel. However, because an easement necessarily is burdening someone else’s land, the courts will always read the easement in as narrow a light as possible to minimize the impact on the other person’s land.
Read MoreIf a property is owned in joint tenancy by more than one person, then all owners must consent to the sale in writing. (If you’re not sure if the property is owned in joint tenancy vs as tenants in common review our blog on the topic to help you understand the difference) However, if an owner is no longer competent, then someone must consent on their behalf.
Read MoreThe important thing to remember in a circumstance such as this one is that a person can only direct who inherits their estate assets with a Will. The critical question to determine is, did the property belong to the testator at the time of his death, or was he only holding it in trust for the person he promised it to?
Read MoreAn easement is the right for the owner of one parcel of land to enjoy a specific benefit over a nearby property. If it is a ‘Deeded’ easement, it means the right was created by a documented agreement between the owners of the involved parcels of land. In Nova Scotia, deeded easements attach to the land and continue to be in force even after the parcel has changed hands
Read MoreWhen you buy a condominium one of the things that you (or usually your representatives) look into is whether or not the condo corporation has a healthy reserve fund.
When you buy a condo unit, the vendor has to order what is referred to as an "estoppel certificate". This will outline the status of the fees for your specific unit, but it will also give you details about the reserve fund of the corporation.
Read MoreMany parents imagine their adult children handling their estate after they pass. However, often times Wills are drafted before the children are adults. The question becomes: Can I appoint my child as my executor in Nova Scotia even if they are still a minor?
Read MoreIf you considering buying a property in Nova Scotia it's crucial to understand the various costs involved, including the deed transfer tax. In Nova Scotia, this tax plays a significant role in the total cost of a real estate transaction .
Read MoreBeing appointed as an executor of an estate is a position of trust and responsibility. Unfortunately, there may be instances where an executor fails to fulfill their duties adequately, causing distress and complications for the beneficiaries of the estate. In such cases, it may be necessary to remove the appointed executor using the Nova Scotia Probate Court.
Probate Court provides a legal avenue for addressing issues related to the administration of an estate. If you’re in Nova Scotia and find yourself in a situation where the executor is not carrying out their duties appropriately. This blog outlines the steps you can take to have them removed.
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