DIVISION OF PROPERTYWe will develop a plan that is tailored to your unique circumstances.

Division of Property

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.

Frequently Asked Questions

What is family property?

Family property is all property owned by both spouses at the date of separation including:

    1. Shares of corporations;
    2. Interests in partnerships and other businesses;
    3. Bank accounts;
    4. Land;
    5. Pensions;
    6. Retirement plans; and
    7. The increase of value of excluded property since the later of; the beginning of the relationship, or the date of acquiring the excluded property.

This includes property purchased after the date of separation with funds that came from the sale of family property.

When is family property valued?

At the date of the trial or final decision in the trial.

What is excluded property?

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.

When can I claim a greater share of the family property?

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:

    1. If the relationship is short, being around 4 years or less, the increase of value of excluded property is likely to be unequally split in favor of the original owner.
    2. If the payor of support is about to retire and the recipient will not be able to collect the support he or she would otherwise be entitled.
    3. If one party transferred, hid, or wasted property intentionally to decrease family property and the other party’s share, the innocent party would be entitled to a greater share of the remaining assets.

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