Toronto Property Division Lawyers, Every Asset Accounted For
Our Toronto property division lawyers at 55 University Avenue calculate net family property, identify excluded property and deductions, handle complex asset division including businesses, pensions, and investment portfolios, and represent clients at trial when agreement is not possible.
Property DivisionEqualization PaymentNet Family PropertyBusiness ValuationMatrimonial Home55 University Ave
55 University Avenue, Toronto | Property Division | NFP Calculations | Business Valuation | Free Consultations
Toronto Property Division Lawyers, Every Asset Accounted For, key facts
NFPcalculation
Net family property. The increase in your net worth during the marriage, is the basis for equalization in Ontario
50/50equalization
Ontario law entitles each spouse to equalize the increase in net worth during marriage, not to split assets 50/50
1exception
The matrimonial home has no excluded property deduction even if you owned it before marriage
Freeconsultation
All new clients receive a free initial consultation on property rights and equalization
Property Division
Property Division in Ontario, Equalization, Not Equal Splitting
Ontario's Family Law Act does not require married spouses to split their assets 50/50. Instead, each spouse is entitled to "equalization", a payment that equalizes the increase in their net worth during the marriage. The spouse who accumulated more net worth during the marriage pays an equalization payment to the other.
The calculation is more complex than it sounds. Each spouse's "net family property" (NFP) must be calculated: the net value of all property owned at separation, minus the net value of property owned at marriage (with important adjustments), minus excluded property (inheritances, gifts from third parties, and certain damages), plus the matrimonial home, which has special rules. The spouse with the higher NFP pays half the difference to the other.
Our Toronto property division lawyers handle the full range of complexity, from straightforward equalization calculations with standard assets to multi-property files with business interests, pension valuations, shareholder loans, and international assets.
Ontario Family Courts
Ontario Family Courts, Toronto Locations
Our office is within reach of the key courts for your matter. We appear in these courts regularly and know the local judicial culture well.
Ontario Superior Court of Justice, Toronto
361 University Ave, Toronto, ON M5G 1T3
5 min walk
All property division claims under the Family Law Act are heard in Ontario Superior Court. Equalization payment claims, possession of the matrimonial home, and business valuation disputes are all filed here.
Complex business valuation and corporate asset claims connected to family law may be heard on the Commercial List in appropriate cases.
Complex Business DivisionCorporate TrustsInternational Assets
Your Legal Team
Combined 40+ years in Ontario family courts
Members: Ontario Bar Association, Family Law Section
Our Practice
Property Division Services in Toronto
We represent Toronto clients across the full spectrum of property division matters, from initial NFP calculations to contested equalization trials.
Net Family Property Calculation
NFP Calculations, Toronto
Accurate NFP calculation is the foundation of every equalization claim. We compile each spouse's full asset and liability schedule as of the date of separation and the date of marriage, apply appropriate exclusions and deductions, account for the matrimonial home separately, and arrive at a defensible equalization payment figure. For complex files, we work with business valuators, actuaries, and forensic accountants.
Separation date asset and liability schedule
Marriage date valuation
Excluded property analysis
Matrimonial home treatment
Debt allocation and deductions
Business interest inclusion
Business Valuation and Division
Business Division, Toronto
When a spouse owns a business, the business interest must be valued as part of NFP. Business valuation in family law is a specialized discipline, different from the values used for commercial transactions, and the methodology (fair market value vs. notional disposition value) can materially affect the equalization payment. We retain and instruct qualified business valuators and challenge the opposing side's valuation evidence.
Instruction of CBV valuators
Notional disposition analysis
Shareholder loan analysis
Minority discount disputes
Corporate attribution
Pre-marriage value deductions
Matrimonial Home Disputes
Matrimonial Home, Toronto
The matrimonial home has unique rules under the Family Law Act. Neither spouse can sell or encumber the matrimonial home without the other's consent. There is no pre-marriage deduction, even if one spouse owned the home before marriage. We handle possession orders, exclusive possession applications, and disputes about whether a property qualifies as a matrimonial home.
Exclusive possession applications
Consent for sale or mortgage
Multiple matrimonial home analysis
Cottage and vacation property
Possession pending sale
Occupation rent claims
Common Questions
Frequently Asked Questions
Is property division the same for common-law couples?
No. Ontario's equalization regime under the Family Law Act applies only to married spouses. Common-law couples do not have an automatic right to equalization. However, a common-law partner may have claims through resulting trust, constructive trust, or unjust enrichment, which require a separate analysis and are considerably harder to establish.
Does it matter whose name the property is in?
For equalization purposes, ownership title does not necessarily determine who is entitled to what. Each spouse's NFP includes all property they own, not property owned by the other spouse. However, title matters for other purposes, for example, who can force a sale of the matrimonial home.
What is excluded property?
Excluded property is property that is left out of the NFP calculation and does not factor into equalization. The main categories are: property owned before marriage, inheritances received during marriage, gifts from third parties received during marriage, life insurance proceeds, and certain personal injury damages. The tracing of excluded property can be complex, particularly for pre-marriage assets that have grown significantly in value.
How is a pension valued for equalization?
Pensions are included in NFP and must be valued by a qualified actuary. Defined benefit pensions are more complex to value than defined contribution plans. The pension is valued at the date of separation, net of the pre-marriage portion. Pensions can be divided by transferring a portion of the commuted value into the other spouse's RRSP. This is called a "pension division" or "transfer" under the Pension Benefits Act.
Can we divide property without going to court?
Yes, and most property division is resolved by negotiation, with the terms set out in a separation agreement. Courts are a last resort for property division because trials are expensive and the outcome is less predictable than a negotiated agreement. However, if one party is hiding assets, refusing to disclose financial information, or making unreasonable demands, a court application may be necessary.
How long does property division take?
A straightforward equalization matter can be resolved in a few months through negotiation. Complex files involving businesses, international assets, or contested valuations can take one to three years. If the matter goes to trial, it can take longer still. Engaging early with full financial disclosure on both sides dramatically reduces the timeline.
Book a Consultation
Property Division, Free Initial Consultation
Our family lawyers offer free initial consultations. Call us, email us, or use our contact form to book your appointment.
Lexaltico LLP
Downtown Toronto
55 University Ave, Suite 1100 Toronto, ON M5J 2H7
Mississauga
90 Matheson Blvd W, Suite 101, Mississauga, ON L5R 3R3
North York
4750 Yonge St, Suite 600, North York, ON M2N 0J6
Oakville
277 Lakeshore Rd E, Suite 408, Oakville, ON L6J 1H9
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