FAQs Property Division, Sharing & The Matrimonial Home

Is it easiest to just give my spouse half of everything we own?

Canadian law outlines that couples that are married are required to equally share the wealth accumulated during a marriage, based on the date of separation. However, the equalization of net family property takes into account the assets owned by each partner at the time of the marriage and the end of the marriage. One of the parties may be entitled to more or less of the property based on this process.

So, as with many issues in family law – the answer to this question is not simple. It depends on what your goal is. If you’d like to end the marriage as quickly and amicably as possible, it may be easiest to split everything owned on the date of separation equally.

However, if you are concerned about enforcing your rights and ensuring you leave the marriage with as much of your assets as possible, it may be worth consulting a lawyer to explore your options.

Stay in Touch

Keep learning about the latest issues in Ontario family law! Subscribe to our latest articles delivered to your inbox, or listen to our Podcast Family Law Now.

Be sure to find out more about the "new normal", by visiting our Covid-19 and Divorce Information Centre.

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.