Property Division in Ontario Includes the Family Home

Getting divorced means that there will be property division based on shared responsibility. You share many things in a marriage: child care, household management and income. The division of property and assets is to be 50-50 for those things that were acquired during the marriage. The court sees marriage much the same as they see a business.

Property that was yours when you came into the marriage is yours to keep. Those items that were bought during the marriage are to be shared. Some property is considered excluded property. Things such as gifts that you received while you were married from someone other than your spouse are legally excluded such as property that you inherited; money received from an insurance company because of the death of a loved one; and money that you got because of a settlement due to a personal injury case.

The home that you share is another subject completely. Even if you owned it before you were married, you have to share the property between the two of you. The law is clear that, even if you inherited the home or received it as a gift, you have to share the value of the property with your soon-to-be ex-spouse.

Under certain circumstances you can request that the court divide things in a different way. If it appears that you will be treated in an unfair manner if the property is divided 50-50, the court has the authority to rule that the home can be divided differently.

Can you begin to see that there is more to the law than meets the eye? You need someone in your corner legally to advise you and assist in getting what is rightfully yours.

Source: Ministry of the Attorney General, “What You Should Know About Family Law in Ontario,” accessed 26 May 2015.

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