Toronto Property Division Lawyers
Separation, Divorce and Property Division
Navigating property division during a separation or divorce can be complex and emotionally taxing. As experienced family lawyers in Ontario, we understand the challenges you may face and are here to provide expert guidance and support throughout the process.
In Ontario, the division of assets upon separation or divorce is governed by the Family Law Act. Our team of knowledgeable lawyers is well-versed in this legislation and can help you understand your rights and obligations under the law.
From the matrimonial home to pensions, investments, and debts, and we specialize in handling complex issues commonly involved in property division cases in Ontario.
Our lawyers are skilled in calculating and equalizing net family property to ensure a fair distribution of assets acquired during the relationship and / or marriage. We will work diligently to protect your interests and achieve the best possible outcome for you.
Understanding which assets may be excluded from the equalization process is crucial. Our legal team will carefully assess your situation and advise you on any exemptions that may apply to your case.
We recognize the benefits of alternative dispute resolution methods such as mediation and collaborative law. Our goal is to help you reach a fair and mutually acceptable agreement outside of court whenever possible.
While we strive to resolve property division matters amicably through negotiation or mediation, we are prepared to advocate for you in court if necessary. Our lawyers have extensive courtroom experience and will fight tirelessly to protect your rights and interests.
Our firm provides comprehensive legal services tailored to your specific needs and circumstances. We also offer access to resources and support networks to assist you throughout the separation and divorce process.
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1. In-Depth Knowledge: At Separy Law P.C., our divorce and property division lawyers are well-versed in Ontario’s family laws, and handle family law matters with complex property division issues. We understand the nuances of property division, ensuring that every asset is accounted for and divided fairly. We understand the mathematics that goes into the fair division of assets.
2. Negotiation Skills: Our experienced lawyers possess exceptional negotiation skills, enabling them to secure the best possible outcome for their clients. Whether it’s real estate, investments, or businesses, they can navigate complex assets and ensure equitable division.
3. Legal Documentation: Property division involves extensive paperwork and legal documentation, and in Ontario it is a requirement that full and frank disclosure be exchanged as it relates to the date of marriage or cohabitation, separation, and present-day values of assets and liabilities. Our experienced lawyers take care of all the necessary paperwork and disclosure in a cost-effective manner, ensuring accuracy and compliance with the law.
4. Protection of Rights: At Separy Law P.C., our skilled lawyers safeguard your rights throughout the process. They ensure that you receive your fair share of the marital assets and work to protect and build your financial future.
For personalized legal advice and representation in Toronto property division matters in Ontario, call our Toronto Property Division Lawyers today. Our experienced property division lawyers are here to advocate for you and help you navigate this challenging time with confidence.
Separy Law Property Division Toronto Lawyers
While dividing assets may seem straightforward, in many cases, it is a complex process governed by Ontario’s Family Law Act. Disputes often arise over the valuation of businesses or pensions, the treatment of the matrimonial home, or the disclosure of hidden assets. Properly calculating each spouse’s Net Family Property to determine a fair equalization payment requires meticulous legal and financial attention. It is crucial to speak with one of our Separy Law PC property division lawyers in Toronto to protect your rights and secure your financial future.
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- Valuing family property, homes, and investments
- Dividing shared assets and debts fairly
- Protecting excluded or inherited assets
- Handling pensions, RRSPs, and retirement accounts
- Addressing business ownership and corporate assets
FAQs
What counts as “property” for equalization purposes in Ontario?
For equalization under Ontario family law, “property” includes all assets of value owned by either spouse. This can include real estate, bank accounts, vehicles, pensions, RRSPs, business interests, stock options, and certain trust interests.
Some property is excluded from sharing, such as:
- Inheritances or gifts received during the marriage (if kept separate)
- Personal injury settlements
- Property excluded by a domestic contract, such as a marriage contract or cohabitation agreement
Determining which assets are included or excluded often requires full financial disclosure and, in complex cases, professional valuations of businesses, pensions, or investment portfolios.
For tailored advice on how your assets may be treated under Ontario’s equalization rules, contact a property division lawyer at Separy Law for a confidential consultation.
How is property divided after separation or divorce in Ontario?
In Ontario, married spouses share in the growth of their family property during the marriage through a process called equalization of net family property. Each spouse calculates the value of their assets and debts on the date of separation, then subtracts what they owned (minus debts) on the date of marriage. The spouse with the greater increase in net worth pays the other half of the difference, ensuring fairness in financial growth during the marriage.
Common-law partners in Ontario do not have the same automatic property-sharing rights under the Family Law Act, but may seek compensation through trust or unjust enrichment claims if they contributed to property owned by the other partner.
If you’re separating or divorcing and need guidance on dividing assets, our Ontario property division lawyers at Separy Law P.C. can help you understand your rights and ensure a fair outcome under Ontario’s family law system.
What happens to the matrimonial home in Ontario?
Under Ontario’s Family Law Act, the matrimonial home is treated differently from other assets. Regardless of whose name is on title, both spouses have an equal right to possess the home until it is sold or a court orders otherwise.
Importantly, a spouse cannot deduct the home’s date-of-marriage value from their assets, even if they owned it before the marriage. This means the entire current value of the matrimonial home is included in the equalization calculation at separation. As a result, the home often becomes the most significant and legally complex asset in a divorce or separation.
If you’re separating and need advice about your rights to the matrimonial home, speak with an Ontario family lawyer at Separy Law P.C.. We can guide you through property division, equalization, and your options under the Family Law Act.
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