Professional Divorce and Division of Property Lawyer in Toronto

 

A common misconception is that divorce requires Ontario couples to split all their property equally, including the marital home. However, upon separation, married spouses are entitled to an equalization of their net family property. This means they are entitled, not to the property’s division, but to equalize the value of the increased wealth that they accumulated during their marriage.

At Kain & Ball, we understand that one of your primary concerns is to protect your assets and leave your marriage in the best possible financial position. Our divorce lawyers in Toronto and Mississauga are here to help. We provide you with professional advice to navigate the divorce division of property and understand your unique situation to find a resolution.

In a divorce proceeding, the division of property can be a complex and complicated matter. The Family Law Act contains the set of specific methods and procedures used to divide property between divorcing couples. However, in Toronto, this is not a simple matter of dividing up individual assets, but instead requires going through a process known as The Equalization of Net Family Property. In this context, the property is referred to assets acquired during the marriage and includes real estate, bank accounts, stocks, bonds, vehicles, pensions, etc.

The total liabilities the couple has accumulated are examined as this value is subtracted from all assets’ gross total value to arrive at the total net worth of all assets. Equalization requires looking at all assets, whether they were acquired individually or jointly during the marriage. Further, liabilities are examined in the same manner, as to whether they are individual or joint liabilities.

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When calculating net family property, the value of all types of ‘property’ is included in the calculation: land, buildings, bank accounts, businesses, stock, stock options, pensions’ accountants receivable etc.

However, unlike married spouses, unmarried spouses do not have the automatic right to equalization of net family property under the Family Law Act.

Dividing up property, assets, and liabilities can quickly turn into a nightmare, further adding to divorce’s emotional stresses. To ensure you receive a fair and satisfactory division of property settlement, it is highly recommended you seek advice and representation from qualified and experienced family lawyers in Toronto, who specialize in family law.

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Going through a divorce is often a very stressful and emotional time. You might overlook certain assets or liabilities, and your lawyer is there to help ensure asset and liability are included in the division of property settlement. Further, your Toronto Family Law Firm offers several cost-effective methods using alternative dispute resolution to reach an amicable and mutually acceptable divorce division of property settlements in Toronto. These methods potentially help avoid placing you into a position where the judge and court decide how property and assets are divided between you and the other party.

The extent to which unmarried persons may assert a claim against each other concerning property varies widely depends on the circumstances relating to their relationship and the property in question. At Kain & Ball, we have dealt with numerous cases involving divorce and the division of property in Ontario, the property right of unmarried spouses. Our legal team is familiar with the complex issues that arise in these kinds of cases, and we are ready to assist you.

About Kain Family Law

Kain & Ball was founded by Anita T. Kain and David R. Ball, two veteran Bay Street lawyers with the shared vision of providing the very best legal advice and representation to family law clients. Kain & Ball opened its doors in 1993 with this mandate and has continued to grow over the years. In the transformations and expansions that our firm has undergone in the years that have passed, one thing remains constant and always will: our commitment to our clients.

We strive to understand your needs and develop the best divorce division of property solutions for you. We are straightforward about fees to ensure no surprises. Our premise in doing business in simple: treat others as we would like to be treated. By living our philosophy, and building our knowledge base, we’ve established a strong reputation based on mutual success.

Our qualified team of family lawyers in Toronto and Mississauga have dealt with a wide range of cases including child support, divorce and separation, division of property and mediation services. We have the skills, knowledge, and experience to ensure a fair child support arrangement for you and your family.

To book a free 30-minute consultation for divorce division of property in Toronto with one of our qualified family lawyers in Toronto or Mississauga, contact us at 1-855-773-4588 or e-mail us at contact@kainfamilylaw.com

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