Generally on separation you are entitled to half of all family property less family debt. This is subject to excluded property and unequal division of family property claims.
We will identify and assess what is family property, what is family debt, what exclusions apply and what can be proven in court. We will help you understand what to expect in the process and assist you in making responsible choices for your future.
Given the impact that these decisions are likely to have for many years into the future, it is essential to have an accurate assessment of family property and family debt so as to protect your rights under the law. We will help you assess all your property, pensions, RRSPs, bank accounts, stocks, bonds, securities and investments. Every case is different and is handled on an individual basis. We will develop a plan that is specifically tailored to your unique circumstances.
Family property is all property owned by both spouses at the date of separation including:
This includes property purchased after the date of separation with funds that came from the sale of family property.
At the date of the trial or final decision in the trial.
Excluded property is property that was acquired before the relationship began or property acquired by gift or inheritance. It should not be divided. However, any increase in the value of excluded property during the relationship is divided.
The court can order unequal division of family property or debt is it would be significantly unfair to divide it equally. The most common examples are: