Property division is one of the most complex and contentious issues that arise during divorce or separation. At Atlantis Law, we understand that the division of assets and liabilities can be emotionally and financially challenging. Our experienced family lawyers are here to guide you through the process with skill, ensuring that your interests are protected and that property is divided fairly and equitably.
In Ontario, property division is governed by specific laws that aim to divide the assets acquired during the marriage fairly. However, these matters can quickly become complicated—especially when there are substantial assets, family businesses, pensions, or investments involved. Whether you are dealing with a contested property division or a complex asset claim, Atlantis Law has the experience and knowledge to help you navigate the legal complexities.
In Ontario, property division upon separation or divorce follows the rules established by the Family Law Act. When a couple separates or divorces, they are generally entitled to an equal share of the net family property (NFP)—the value of the assets accumulated during the marriage, minus any debts or liabilities.
However, dividing property can be much more than simply splitting assets. The process takes into account the nature and value of the property, as well as the contributions each spouse made to acquiring and maintaining those assets.
Here’s an overview of the key considerations when dividing property in Ontario:
NFP refers to the total value of property that was accumulated during the marriage (excluding any pre-marital assets, inheritances, or gifts). This is calculated by subtracting any debts from the total value of the property.
In Ontario, the starting point for property division is that each spouse is entitled to half of the net family property. However, this can change if there are special circumstances, such as one spouse having a greater contribution to the acquisition of the property or if the property was owned before the marriage.
Certain property may be exempt from division, including assets that were owned by one spouse prior to the marriage or received as a gift or inheritance during the marriage. However, this depends on how the property was handled during the marriage (e.g., if it was co-mingled or shared).
Business interests and pension plans are typically considered part of the net family property. The valuation of these assets can be complex, and expert appraisals are often required to determine their worth. Our team can help you assess these assets and ensure a fair division.
The family home is often the most valuable asset in a divorce. If you and your spouse own real estate together, you will need to decide whether to sell the property and split the proceeds or have one spouse buy out the other’s share. We help ensure that the decision regarding the family home is made with careful consideration of your financial and personal needs.
Dividing a family business can be particularly tricky. If you or your spouse own a business, determining its value and deciding whether it should be sold or retained by one party requires careful analysis. Atlantis Law works with business valuation experts to help accurately assess the value of the business and negotiate an equitable division.
Pensions and retirement accounts accumulated during the marriage are considered marital property. These assets must be valued, and in some cases, they may need to be divided between spouses. We help navigate this complex area, ensuring that the division of pensions and retirement savings is done fairly.
When dividing property, debts such as mortgages, loans, credit card balances, and other liabilities must also be taken into account. We assist in ensuring that liabilities are divided fairly and that you aren’t left with an undue financial burden after the divorce.
If there is an imbalance in the division of property, one spouse may be required to make an equalization payment to the other. This ensures that both parties receive a fair share of the net family property. Our lawyers ensure that these payments are calculated accurately and are reflective of your financial situation.
Property claims can arise in several circumstances during separation or divorce, and these claims often involve the distribution of property, debts, and other assets. In cases where the division of assets is disputed, our lawyers are equipped to help you resolve conflicts efficiently.
Our property claims services include:
The time it takes to divide property in a divorce or separation can vary depending on the complexity of the assets involved and whether the division is contested. A simple property division may be resolved in a few months, but in cases involving complex assets like businesses, pensions, or large real estate holdings, it may take longer. Our team works diligently to resolve these matters efficiently while ensuring your financial interests are safeguarded.
At Atlantis Law, we are committed to ensuring that property division is handled fairly and with attention to detail. Whether you are facing a straightforward property division or dealing with complex asset claims, our family law team is here to provide you with expert legal counsel and representation.
Contact us today for a free consultation to discuss your property division case and learn how we can help you achieve a fair outcome.
Please fill out the form below, we will contact you as soon as possible.
We are here to help you navigate the legal aspects of your relationship and to support you every step of the way.
416-846-0196
info@atlantislaw.ca
120 Eglinton Ave E, 10 Floor,
Toronto, M4P 1E2
We are here to help you navigate the legal aspects of your relationship and to support you every step of the way.
416-846-0196
249-889-7616
info@atlantislaw.ca
120 Eglinton Ave E, 10 Floor,
Toronto, M4P 1E2
202 - 123 March Street, Sault Ste. Marie ON P6A 2Z5
Atlantis Law Professional Corporation is a leading-edge law firm, made up of a team with almost 20 years of experience. Since its establishment, Atlantis Law has consistently delivered legal services with a core mandate to provide reliable, solid and exceptional expertise that a reputable law firm can deliver.
Copyright 2025. All rights reserved | https://atlantislaw.ca/ | Design & Developed by 
Atlantis Law Professional Corporation is a leading-edge law firm, made up of a team with almost 20 years of experience. Since its establishment, Atlantis Law has consistently delivered legal services with a core mandate to provide reliable, solid and exceptional expertise that a reputable law firm can deliver.
Copyright 2025. All rights reserved | https://atlantislaw.ca/ | Design & Developed by