Trusted Marital Property Division Lawyers in Ontario – Protecting Your Financial Future
During a divorce or marital separation in Ontario, you must take legal steps to protect your property and assets. This often involves complicated issues or legal proceedings that necessitate the help of an experienced Family/Divorce lawyer.
At Fine & Associates Professional Corporation, we excel at helping families dealing with complex property division issues arising from their separation, whether the parties are married or in a common law relationship.
We fight for your assets to secure the financial future of your family.
Call or schedule a free family law – property division consultation.
Asset Division in Ontario upon Separation: Not an Easy 50/50
Property division can be difficult to determine. Some people think that it is just an easy 50/50 division. Unfortunately, it’s not that simple. In order to determine a division of property in a divorce, it is necessary to calculate the value of what is called your “Net Family Property.” Once the equalization of net family property is determined, you and your spouse can divide the difference. The value of any property acquired during the marriage and still in possession when marriage ends, must be equally divided between the spouses.
When the division of assets is brought to court and not settled in a domestic contract (Separation Agreement) the court will equalize/divide the family property based on the provisions of the Family Law Act.
Ontario Family Law Act treats the matrimonial home differently than other assets. Read more about how matrimonial home is treated in Ontario Family Law Act.
Property division for common law couples is especially difficult to determine as there is no fixed formula to calculate same. Read more about the property rights of common law spouses.
Our team of Toronto divorce property division lawyers has extensive knowledge in resolving difficult property disputes including the cases of common law spouses. We will ensure that your assets are protected from your spouse during your divorce or separation and that you obtain the results that you deserve.
Family Law – Property Division: Frequently Asked Questions
What Is Included in a Net Family Property Calculation?
Upon the separation of a marriage couple, the equalization payment owing as between spouses is determined by a complicated formula that calculates you and your spouse’s net worth (including all assets and liabilities as of the date of marriage and the date of separation – it is important to note that some assets are not included or the values can be difficult to determine). Property includes not only real estate or vehicles, but also personal personal property, investments, bank accounts, loans and intangible assets such as intellectual property. There are some exceptions that allow spouses to keep the property they own, such as gifts or inheritances. This is called excluded property.
What is the equalization payment?
The spouse with the higher net family property value pays the other spouse half the difference.
Financial disclosure with your ex-spouse or their legal representative is vital. A clear understanding of the family’s finances sets the guidelines for the property and debts that should and should not be divided.
Since the determination of the equalization payment can be a complicated process, it is best to contact a qualified divorce/family lawyer to help you protect your assets during a separation.
You don’t want to be handling the division of assets or divorce papers by yourself. Please seek professional advice.
Free Consultation with Our Knowledgeable Property Division Divorce Lawyers in Toronto
At Fine & Associates Professional Corporation, we understand that property division in divorce can be both legally complex and emotionally charged. Let us help you through this difficult time in your life by fighting for your best interests. Speak with Lorne Fine, who will fight aggressively for equitable distribution of your family’s assets.
Call or schedule a free initial consultation.