Under Ontario’s Family Law Act, married couples must divide their property and assets equitably upon separation or divorce. The process follows the principle of equalization, which ensures that both spouses share in the financial gains made during the marriage.

For unmarried couples, property division rules differ, and claims must often be pursued through constructive or resulting trust principles.

• Division of Property – The fair allocation of marital assets and debts between spouses.

• Division of Property for Unmarried Couples – Legal claims for property rights when no formal marriage exists.

• Exclusive Possession of the Matrimonial Home – The right to remain in the shared home, regardless of ownership, in certain circumstances.

• Exclusive Possession of the Contents of the Matrimonial Home – Determining entitlement to furniture, appliances, and other belongings within the family home.

• Freezing Assets – Legal measures to prevent the dissipation of assets before a settlement is reached.

• Sale of Family Property – Ensuring proper legal procedures are followed when selling shared property.

The division of property involves several key steps:

1. Identifying Marital Assets and Debts – All assets and liabilities accumulated during the marriage are considered.

2. Determining Excluded Property – Certain assets, such as inheritances and gifts, may not be subject to division.

3. Calculating Net Family Property (NFP) – Assessing the total value of assets and debts to determine the equalization payment.

4. Negotiation & Settlement – Seeking an amicable resolution through negotiation or mediation.

5. Court Intervention (if necessary) – When disputes cannot be resolved, the court may issue a ruling to determine fair division.