Property Division Lawyer

Division or Equalization of Property

Property division is a complex and quickly evolving area of family law.

Under the Family Law Act, when two people who are legally married and have separated, either party may make a claim for the division or equalization of property. Generally, all property accumulated during the marriage is subject to equalization, which refers to the sharing of all property accumulated minus debts. The matrimonial home is a special type of property with a separate set of rules.

While unmarried people cannot access Part 1 of the Family Law Act to make equalization or division claims, they may still be able to make claims through other common-law avenues. Unmarried people may have rights to each other’s property under claims for constructive trusts or resulting trusts, for example in cases where these parties have worked together in a joint family venture. Even if these types of claims cannot be made, common-law couples frequently own property together and incur debts together. These may still need to be dealt with by a court.

When dealing with property claims, it is extremely important to speak to a lawyer as early in the process as possible so that you do not take any steps which will harm your rights.

Obtaining the Best Possible Results

Equalization claims are complex, and lawyers without proper experience often do not take all the issues into account. Tax implications, proper valuation of property, and available credits and deductions have to be considered in order for you to put yourself in the strongest possible position. Some types of property, such as family heirlooms or pets, have special significance to people well beyond their cash value. Let our experience guide you in obtaining the best possible results.

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