Understanding the Division of Marital Property in Divorce: Key Insights for a Fair Resolution

Divorce is a challenging process, especially when it comes to dividing marital property. Understanding the rules and factors that govern the division of assets is essential for achieving a fair and legally sound outcome. In Ontario, marital property division is based on the principle of equalization, ensuring that both spouses share the value of assets acquired during the marriage, regardless of whose name is on the title.

Under Ontario’s Family Law Act, the division of property involves calculating each spouse’s net family property, which includes assets, debts, and the value of any increase in property acquired during the marriage. Excluded from this calculation are certain assets, like inheritances or gifts, provided they were not used towards the family home. Determining what constitutes marital versus excluded property can be complex, and working with an experienced family lawyer ensures your rights are protected and your interests are represented.

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