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    • Home
    • Divorce and Separation
    • Domestic Contracts
    • Child and Spousal Support
    • Children and Parenting
    • Division of Property
    • Family matters
    • Disclaimer

  • Home
  • Divorce and Separation
  • Domestic Contracts
  • Child and Spousal Support
  • Children and Parenting
  • Division of Property
  • Family matters
  • Disclaimer

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Carmen Dima, Barrister and Solicitor

895 Don Mills Road, Suite 900, Toronto, M3C 1W3

416 288 9428 info@carmendima.ca

Division of property at separation and divorce; matrimonial home

During marriage the spouses' contribution is deemed to be equal and therefore each spouse is entitled to an equal share of the family property. In Ontario it is the value of "family property" owned by each spouse that is considered in the calculation of that spouse's net family property. The spouse with a higher net family property is required to make an equalization payment to the spouse with the lower net family property. This is a requirement of a money payment, not a division of property (but it may be satisfied by transferring an asset).


The value of assets and liabilities at the date of the marriage and at the date of separation, the assets received as gifts from a third party, inheritances, some lawsuit and insurance proceeds are all important when considering the net family property for each spouse.


Pay attention to claims of exclusive possession of the matrimonial home. This claim can only be made between spouses, therefore once a divorce has been granted this option is not available anymore.


Also, a joint tenancy is an interest in a matrimonial home, and one spouse cannot terminate the tenancy without the other spouse's consent.


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