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Property Division

Property Division in Toronto

Divorce can be a complex and emotionally charged process, especially when it comes to dividing the life you’ve built together. At Moldaver Rosenberg LLP, our experienced Toronto family lawyers understand the intricacies of property division in Ontario. We provide clear guidance and effective advocacy to help you navigate this challenging aspect of divorce and secure a fair outcome, allowing you to move forward with confidence.

  • Understanding Ontario's Property Division Laws
  • Excluded Property
  • Negotiating a Separation Agreement
  • Property Division Litigation

Understanding Ontario's Property Division Laws

Ontario follows the principle of equalization of net family property. This means that the value of assets acquired during your marriage will be divided equally between you and your spouse. But what does that really mean for your specific situation? Our lawyers can help you understand what assets are included in this calculation, such as:

  • The matrimonial home: Even if one spouse owned the home before the marriage, the increase in its value during the marriage is generally shared. For example, if the home was worth $400,000 when you married and is now worth $700,000, the $300,000 increase would likely be divided equally.
  • Investments and savings: RRSPs, stocks, and other investments are typically subject to division.
  • Pensions: The portion of a pension earned during the marriage is often considered a marital asset.
  • Vehicles and personal property: Cars, furniture, and other belongings acquired during the marriage are usually included.

We’ll guide you through the process of identifying and valuing your assets to ensure a fair and equitable division.

Excluded Property

While Ontario law emphasizes equal division, certain assets may be excluded from this calculation. These typically include:

  • Gifts and inheritances: Assets received as gifts or inheritances during the marriage are generally excluded.
  • Property owned before the marriage: Assets acquired before the marriage are usually not subject to division, but any increase in their value during the marriage may be.
  • Personal injury awards: Compensation received for pain and suffering is often excluded.

Understanding what constitutes excluded property can be complex. Our lawyers will help you determine which assets are exempt from equalization and protect your individual interests.

Negotiating a Separation Agreement

Reaching a mutually agreeable separation agreement can save you time, money, and emotional stress. We are skilled negotiators who can help you and your spouse reach a fair settlement regarding property division. This may involve:

  • Collaborative family law: Working with lawyers and other professionals to reach a consensus.
  • Mediation: Using a neutral third party to facilitate discussions and find common ground.

We’ll advocate for your interests and strive to achieve a resolution that meets your needs and protects your financial future.

Property Division Litigation

If an agreement cannot be reached, we are prepared to represent you in court. Our experienced litigators have a deep understanding of family law and a proven track record of success in property division disputes. We will:

  • Prepare a strong case: Gather evidence, conduct thorough research, and develop effective legal strategies.
  • Present your case persuasively: Advocate for your rights and ensure your voice is heard.
  • Work towards a favorable outcome: Strive to secure a fair and equitable division of property.

We understand that litigation can be challenging. Our team will provide compassionate support and expert legal advice throughout the process.

Why Choose Moldaver Rosenberg LLP for Property Division?

  • Experienced in Family Law: Over 25 years of exclusive experience in family law, with a focus on property division matters.
  • Skilled Negotiators and Litigators:We are adept at both negotiation and litigation, ensuring the best possible outcome for you.
  • Personalized Strategies: We tailor our approach to your unique circumstances and goals.
  • Compassionate Support: We understand the emotional and financial challenges of divorce and provide empathetic guidance.

We believe that everyone deserves a fresh start. Our goal is to help you achieve a fair resolution and move forward with your life.

Protect Your Assets and Secure Your Future

Property division is a crucial aspect of divorce. Let Moldaver Rosenberg LLP provide the expertise and support you need to navigate this complex process and protect your financial interests.
Call now for a confidential consultation:
(416) 555-1234