Property Division & Equalization

Did you know? Property rights are different for married and unmarried couples in Ontario

Certain types of property and/or assets are treated differently from others.

What Is A Property Division & Equalization ?

In Ontario, when married spouses separate or divorce, the law provides a process to fairly divide the value of property acquired during the marriage. This process is called equalization of net family property (NFP) under the Family Law Act.

What Property Division & Equalization Includes:

  1. Calculating Net Family Property (NFP)
    • Each spouse calculates the value of their assets (such as the home, bank accounts, investments, vehicles, and pensions) minus any debts on the date of separation.
    • Property owned before marriage, gifts, and inheritances may be treated differently under the law.
  2. Equalization Payment
    • The spouse with the higher NFP usually pays the other spouse half the difference between their net family properties.
    • This is a financial payment, not a physical division of assets, unless agreed otherwise.
  3. Special Considerations
    • The matrimonial home has special rules and is always included in property division, even if it was owned by one spouse before marriage.
Call Us To Learn More

At Mahin Law, we guide clients through calculating NFP, protecting excluded property, negotiating equalization payments, and resolving disputes to ensure a fair division that complies with Ontario law.

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