Provincial family or marital property legislation typically excludes certain property in calculating the spouse’s net family property. Net family property is the value of each spouse’s property, after deducting debts and liabilities at the time of separation, and then deducting the value of assets brought into the marriage (other than the matrimonial home). The value of each spouse’s net ...

1. List and value your property since the separation date The first step in determining property rights under the Family Law Act is for each spouse to make a list of their assets. This may include personal property, real estate, bank accounts, shares in corporations and pensions including Registered Retirement Savings Plans.

What is a matrimonial home? The matrimonial home is the legal term used to describe the family home in which the spouses were living just prior to the date of separation. If you and your spouse regularly use more than one home together, then each home can be considered to be a matrimonial home. An additional matrimonial home, therefore, can include a cottage or chalet, …

When do spouses hide assets? People may attempt to hide assets, such as money or property, most often upon the breakdown of a relationship. During separation and divorce assets are valued and then divided according to provincial law, marital status, and whether the couple has any children together. Provincial family or marital property legislation decides the division of …

Parents with legal guardianship of their child’s property Parents with legal guardianship of their child’s property are legally permitted to manage those assets. They are permitted to do anything that an adult would be able to normally do, except to make a Will involving the asset.

Although the main purpose of a Will is to allow people to decide who gets their property when they die, the law establishes restrictions to protect the rights of spouses and dependants, even where they are not included in the Will, or are to receive less than the law requires. To properly draft a Will or Power of Attorney; or if you are involved in an estate dispute and need help, Rights of ...

At the same time, if your spouse has entered into a common-law relationship and you are not divorced, your spouse’s conduct is not relevant in the determination of the amount of spousal support or the division of property.

If spouses separate and divorce without a marriage contract, their property will normally be allocated according to the laws of their province of residence. The laws are complex but, in general, they require an equalization of the net family property. This equalization is ordinarily calculated at the date of separation. To do this, the spouses calculate the increase in their net …

Transfer of property to spouse or common-law partner is tax-free Capital property, such as corporate shares or real estate can be transferred between spouses, whether legally married or common-law, on a tax-free basis. This also applies to transfers to a …

There are several things you can do if your spouse is abusing you or your children. These include seeking shelter, having criminal charges laid, getting a peace bond, getting a family law restraining order or other family law protection order, or getting an order for exclusive possession of the family home. No one should have to remain in a dangerous or abusive situation. The …