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Posts from the ‘Property Division’ Category

Is it easiest to just give my spouse half of everything we own?

Canadian law outlines that couples that are married are required to equally share the wealth accumulated during a marriage, based on the date of separation. However, the equalization of net family property takes into account the assets owned by each partner at the time of the marriage and the end of the marriage. One of the parties may be entitled to more or less of the property based on this process.

So, as with many issues in family law – the answer to this question is not simple. It depends on... MORE »

Should I just pay my spouse half of everything in my divorce?

As with many things in family law the answer is – it depends. If your goal is to receive a quick amicable divorce then splitting everything equally might very well be your best bet. However, if your goal is to enforce your rights according to the law, or to come out of the relationship with as much property as possible, then you may want to hire a lawyer and take a more measured approach to your divorce.

Although most wealth that is accumulated during a marriage is by law split equally... MORE »

What assets are not included in equalization of net family property?

Any gifts or inheritances received by an individual during the relationship which have not been dissipated will not be shared. Any assets owned prior to marriage will not be shared. Any assets covered by a marriage contract will not be shared and any personal injury payout for pain and suffering will usually not be shared.

There are many addition small exceptions which can apply to family property and result in the non-equal sharing of that property but those mentioned above are the most common and typically make up the largest sums... MORE »

What happens if I don’t agree with my spouse on our date of separation for property division?

A parties “net family property” is determined based on property owned at the date of separation and property owned on the date of marriage. Since the date of marriage is constant, this means that the date of separation can be crucial in a high net worth divorce.

If both spouses cannot agree on a date then a judge will determine the date of separation (the day on which there was no reasonable prospect of reconciliation) based on the facts of the case.

Both spouses do not have to want to separate for... MORE »

Can I run out of time to ask the court to divide my property?

Yes, there are legal time limits for the division of property. If you want to ask the court to settle a disagreement over how to divide property between you and your spouse you must ask within a certain time after the breakdown of the relationship.

The important time limits to know are as follows:

  • 2 years after you receive your divorce
  • 6 years after the date the parties separated with no chance of reconciliation
  • 6 months after the death of a spouse
... MORE »