Property Division in Divorce – Toronto Family Lawyer

Dividing property after a separation or divorce can be one of the most financially and emotionally challenging aspects of family law. Our experienced Toronto family lawyers provide clear guidance and skilled representation to help you protect your legal rights and reach a fair outcome—whether you’re married or in a common-law relationship.

Property Division for Married Couples in Ontario

In Ontario, married spouses divide property according to the equalization of net family property (NFP) under the Family Law Act. This does not mean you split each asset 50/50, but rather you calculate each spouse’s net worth acquired during the marriage and equalize the difference through a payment.

Key elements of this process include:

• Valuing assets and debts on the date of marriage and date of separation
• Calculating Net Family Property for each spouse
• Determining equalization payments owed by the higher-net spouse to the other

Commonly divided assets include:

• Matrimonial home (cannot be excluded from division)
• Bank accounts and savings
• RRSPs, pensions, and investments
• Vehicles and personal property
• Real estate and rental properties
• Business interests
• Debts and liabilities

What About Property Division for Unmarried (Common-Law) Couples?

In Ontario, common-law spouses do not have the same automatic property division rights as married couples. The equalization rules under the Family Law Act do not apply to unmarried partners.

However, if you are in a common-law relationship, you may still have rights to property through:

• Resulting Trust or Constructive Trust Claims: If you contributed financially or non-financially (e.g., through unpaid labour or caregiving) to the acquisition, maintenance, or improvement of property owned by your partner.
• Joint Ownership or Agreements: If both parties’ names are on the title or if there’s a cohabitation or separation agreement in place.
• Unjust Enrichment Claims: If one party unfairly benefits at the expense of the other, the court may award compensation or declare a beneficial interest in an asset.

These claims can be complex and require clear evidence of contributions or agreements. Our lawyers help common-law clients build strong legal arguments to protect what’s fair.