Dividing Property After Separation

This is where my engineering background does the most good. Property cases are, at bottom, arithmetic — but the arithmetic has rules, and the numbers that go in have to be right.

Married couples: equalization. Ontario does not divide property itself. Each spouse calculates the growth in their net worth during the marriage — their net family property — and the spouse with the larger growth pays the other half the difference. The matrimonial home is treated specially: its full value is shared regardless of who owned it before the marriage or who paid for it. Gifts and inheritances received during the marriage may be excluded, if they can be traced.

What has to be valued. The home, cottages, pensions, RRSPs, businesses, vehicles, debts and everything in between. Getting a pension or a business valued properly can change the outcome by tens of thousands of dollars. I know which ones need a professional valuation and which don't.

Common-law couples. If you were not married, equalization does not apply. Property generally stays with the person whose name it is in, but there are important exceptions — a claim for unjust enrichment, a constructive trust over property you helped pay for or build. These claims are real and I have brought them successfully.

The home. Who stays, who goes, whether it is sold, and how the proceeds are split are usually the most pressing questions. There are options short of selling, and I will walk you through them.

Disclosure. Every property case begins with full financial disclosure from both sides. I will tell you exactly what to gather, and I will insist that your spouse produce the same.

Marriage contracts. If you are getting married or moving in together and want to set your own rules, a marriage contract or cohabitation agreement is the way. I draft them and I provide independent legal advice on ones drafted by others.