Creighton Law LLP

Property Division

A FAIR AND REASONABLE DIVISION OF PROPERTY

When your relationship ends, you must separate not only your daily lives but your property as well. Disputes over property may become contentious, particularly if there are any disagreements about the value of the property, or about which property belongs to you as a couple and which belongs to you as individuals.

Creighton Law LLP’s Family Lawyers can help you settle property division issues efficiently, and with the assistance of financial experts if necessary for particularly complex cases or high-asset clients. The settlement may be somewhat different depending on whether you are married or living in a common-law relationship, and may affect other matters such as Spousal Support.

Some property may be exempt from division, such as gifts, inheritances, or certain property brought into the relationship by one partner.

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Family property may include a wide variety of assets and debts, including:

Real property such as the matrimonial home, cottages or vacation timeshares
Investments
Family businesses
Vehicles, including cars and recreational vehicles
Pensions
Debts
Personal possessions

Marriage and Equalization

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If you are married, subject to a few exceptions, generally the value of property acquired during the marriage is shared, no matter who legally owns it. It may seem easy to simply list all of your property, add up their values and divide it into two equal portions. However, disputes may arise over the value of certain property or whether it should be part of an exemption. There may also be disagreements over the possession of large assets such as your home or vehicles, or disagreements over debts.

We will defend your interests as we evaluate and divide your property, and work toward a fair and equitable resolution.

Common-Law Relationships

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If you are not married, there is no standard division for property, or of an even split. It may still be possible to assert your property rights, but it may require proof that you contributed to the property in question, or that it would be unjust or inequitable for you to not be given a share of it.

Our Lawyers will carefully examine your situation and advocate on your behalf, ensuring that your contributions are given the proper value and that your rights are respected.