Questions & Answers

Dividing marital property

How does the court decide how marital property is divided?

— Ryan R.

Answer

Marital property is property acquired during marriage. In Ontario, if you purchased the property, whether during or before marriage, it is considered your property. Your spouse does not have a right to a share of your property if you were married and then separate. Instead, your spouse has a right an equalization of the value of property acquired during the marriage, with some exceptions and exemptioins. See the article in this website explaining the process: http://galbraithfamilylaw.com/equalization/

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