Property Division

In Ontario, dividing property after separation follows clear legal rules. We help you understand them and make sure your interests are fully protected.

When it comes to dividing property after separation, Drake family and divorce lawyers provide trusted legal guidance for clients in communities across Southern Ontario, including London, Sarnia, Kitchener-Waterloo, Hamilton and Toronto. For married spouses, property division in Ontario is governed by the Family Law Act, which sets out the equalization of net family property. This reflects the principle that assets acquired during the marriage should be shared fairly between both spouses.

This equalization process does not apply to common-law partners, who may instead make claims based on unjust enrichment or a joint family venture. Family property can include real estate, pensions, investments, business interests, and bank accounts, and debts and liabilities are factored in as well. Certain assets, such as the matrimonial home, inheritances, gifts, or property owned before the marriage, may be treated differently under the law.

To determine entitlements, spouses must exchange sworn Financial Statements setting out their assets and liabilities at the date of marriage and the date of separation. Full, honest disclosure is what makes a fair resolution possible. Our experienced family law team helps make this often complex process clearer, so you can move forward knowing where you stand.