What is division of property in Ontario?

Division of property in Ontario refers to the legal process of dividing assets and property between spouses during a separation or divorce.

How does Khan Law assist with property division?

Khan Law provides expert legal guidance to ensure fair and equitable distribution of property during a divorce.

Division of Property In Ontario

Exceptions

What is Excluded from Equalization Payment Calculations?

There are some exceptions that allow one spouse to keep property they own. This is called excluded property. Examples include:
- property that you received as a gift from someone other than your spouse
- property that you received as an inheritance
- damages or compensation from a personal injury claim
- proceeds or benefits from a life insurance policy payable upon the death of the insured
- property that spouses have agreed to exclude through an agreement
- unadjusted pensionable earnings under the Canada Pension Plan

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How does division of property differ for common-law couples?

Unlike married couples, common-law couples in Ontario are not entitled to the equalization of their family property.

Each partner in a common-law relationship is only entitled to what he/she brought into the relationship or acquired during it. However, you may have rights to receive a division of assets through legal principles known as constructive trust, resulting trust, and/or quantum meruit. These are complex legal principles that require the expert help of a lawyer experienced in family law.In basic terms, the value of any property acquired during your marriage and that you still have when you separate must be divided equally.

Is property divided equally if one spouse cheated?

Ontario family law provides for a “no-fault” approach to divorce. In basic terms, that means that the reason the parties are divorcing is not a factor considered by the court when dividing property or assets. Therefore, the conduct of the spouses – including issues of adultery or cruelty – will not affect a spouse’s entitlement to property or assets.

How does Ontario divide debt?

The Family Law Act only assigns you the debts in your name in a separation or divorce. That means each person is individually liable only for the debts in his or her name alone. If you and your spouse share a debt, both parties will be jointly responsible for the debt after the dissolution of the marriage.

Do I need a lawyer to assist with property division?

Equalization of net family property is one of the most important – and often contentious – property-related issues that must be dealt with upon the breakdown of a relationship. It is vital to get legal advice about your specific circumstances from a family lawyer experienced in property division.

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Ensuring a fair and equitable division of property during a marriage can be a challenging task. Our qualified team of lawyers can help you navigate the legal process and provide you with the legal advice and guidance you need every step of the way.

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Division of property

in an Ontario divorce

Exceptions

What is Excluded from Equalization Payment Calculations?

How does division of property differ for common-law couples?

Unlike married couples, common-law couples in Ontario are not entitled to the equalization of their family property.

Is property divided equally if one spouse cheated?

How does Ontario divide debt?

Do I need a lawyer to assist with property division?

Request a Consultation Now!

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Division of property

in an Ontario divorce

Exceptions

What is Excluded from Equalization Payment Calculations?

How does division of property differ for common-law couples?

Unlike married couples, common-law couples in Ontario are not entitled to the equalization of their family property.

Is property divided equally if one spouse cheated? ​​​​​​​

How does Ontario divide debt?

Do I need a lawyer to assist with property division? ​​​​​​​

Request a Consultation Now!

Real Estate

Family Law

Wills & Estates

Immigration

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Quick Links

Service Areas

Contact Info

Is property divided equally if one spouse cheated?

Do I need a lawyer to assist with property division?