FAQs Property Division, Sharing & The Matrimonial Home

What assets are not included in equalization of net family property?

Any gifts or inheritances received by an individual during the relationship which have not been dissipated will not be shared. Any assets owned prior to marriage will not be shared. Any assets covered by a marriage contract will not be shared and any personal injury payout for pain and suffering will usually not be shared.

There are many addition small exceptions which can apply to family property and result in the non-equal sharing of that property but those mentioned above are the most common and typically make up the largest sums which are considered during separations.  It is integral to hire who is familiar with all of the exceptions to property division in order to protect your rights in this kind of situation.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.