Family Law
Division of Property
Protecting Your Financial Rights
When a marriage or common-law relationship ends, dividing property can quickly become one of the most complex and disputed issues. The matrimonial home, family business, pensions, debts, and investments all come into play. Without clear legal guidance, you risk losing more than you should or facing years of costly disputes.
At Krol & Krol, our property division lawyers bring clarity and strength to the process. We know Ontario's Family Law Act inside and out, and we protect your financial rights from start to finish.
Why You Need a Property Division Lawyer
- Accurate calculation of Net Family Property (NFP) for married spouses
- Proper treatment of the matrimonial home, regardless of ownership
- Protection of excluded property such as inheritances or gifts
- Fair treatment of debts and liabilities
- Business and pension valuations by qualified professionals
- Representation in contested disputes where large assets are at stake
Key Property Issues We Handle
Net Family Property (NFP) Equalization
Calculating the equalization payment owing, determined through assets and debts held at marriage and separation, accounting for all applicable exclusions.
Matrimonial Home
Protecting your rights in the family home — including sale, buyout, or continued occupancy. The matrimonial home has unique rules regardless of whose name is on title.
Retirement Accounts & Pensions
Ensuring you understand your options when it comes to dividing pensions and retirement accounts, and assisting to implement division properly.
Professional Assets & Businesses
Securing valuations for family businesses, professional practices, and partnerships so assets are properly accounted for in the equalization.
Exclusions & Inheritances
Determining if an exclusion applies to your situation — gifts, inheritances, personal injury awards — and ensuring it's fairly reflected in the equalization calculation.
Common-Law Property
Advising unmarried partners using trust claims, unjust enrichment, or constructive trust remedies — because common-law separations have different rules than married ones.
What to Expect When Working With Us
Consultation
We review your financial situation, assets, debts, and marriage date to explain your rights and what the equalization calculation will likely look like.
Disclosure & Valuation
We ensure full financial disclosure and obtain expert valuations for real estate, businesses, pensions, and other assets where needed.
Negotiation or Mediation
We pursue fair settlements outside court wherever possible — protecting your interests while avoiding unnecessary litigation costs.
Court Representation
If disputes escalate, we represent you with full strength in Ontario courts.
Final Resolution
We secure agreements or court orders that are enforceable and protect your financial future.
FAQs About Division of Property
How is property divided after divorce in Ontario?
Married spouses equalize net family property under the Family Law Act. Each spouse keeps what they brought into the marriage (with some exceptions), and the increase in value during the marriage is shared equally through an equalization payment. There are exceptions to this structure that a lawyer can explain.
Does common-law separation include property division?
No. Common-law partners don't automatically share property under Ontario's Family Law Act. Claims are based on trusts or contributions — unjust enrichment, resulting trust, constructive trust — which require strong legal representation.
What happens to the matrimonial home?
The matrimonial home is treated differently from other assets. Both married spouses have equal possession rights regardless of who holds title, and it cannot be excluded from equalization even if owned before marriage.
What property is excluded from division?
Gifts, inheritances, and personal injury awards are generally excluded if kept separate and still existing on the date of separation — though the matrimonial home exception can affect this. The calculation can be complex.
Can debts be divided too?
Yes. Debts, loans, and liabilities are part of the net family property calculation. Both assets and debts affect the equalization payment.
What if my spouse is hiding assets?
Courts require full financial disclosure under the Family Law Act. We use legal tools and recommend forensic accountants to uncover hidden or transferred property.
Can property division be changed later?
Generally, once finalized, property division is permanent. Exceptions exist for fraud, material mistake, or failure to disclose — but these are difficult to establish.
Speak With a Division of Property Lawyer
Your financial security depends on a fair division of property. Don't risk losing assets you're entitled to or being left with debts you shouldn't owe. Contact Krol & Krol to schedule your consultation.
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