Property Division Lawyers
Dividing property and assets following the breakdown of a relationship, can be incredibly difficult. In Ontario, the division of property and assets after a marriage breakdown is governed by the Family Law Act, which establishes a process called equalization of net family property. The rules differ significantly for common law couples. Unlike married spouses, common law partners do not have an automatic right to divide property.
There are laws that govern the process of division, as well as collaborative law techniques that can ease the adversarial nature of the negotiation process. Our family law team at Cohen Highley LLP helps individuals find a clear, fair path forward through negotiation, Separation Agreement, or litigation when necessary.
Property Division Services We Offer
Cohen Highley LLP provides guidance across the full range of property and asset matters that arise during separation and divorce in Ontario, including:
- Equalization of Net Family Property: We assist married spouses in calculating each partner’s net family property, identifying excluded assets, and determining whether an equalization payment is owed.
- Matrimonial Home Division: We help clients understand their rights of possession and how the matrimonial home factors into the broader equalization calculation.
- Excluded Property and Inheritance Claims: Certain assets received as a gift or inheritance during the marriage may be excluded from equalization. We help clients document and protect these exclusions where they apply.
- Common-Law Property Division: We advise common law clients on the options available to them.
- Unjust Enrichment and Trust Claims: Sometimes the legal ownership of an asset does not properly reflect the intentions of spouses, or results in one spouse benefiting at the other’s expense without legal justification. We can assist with a range of options available in these circumstances, including claims based on resulting trusts and unjust enrichment.
- Separation Agreements: We assist clients in negotiating and drafting a Separation Agreement that is fair, legally sound, and built to hold.
Our Approach to the Division of Property & Assets
Property division rarely feels like a straightforward financial exercise. Behind every asset is a shared history, and the decisions made during this process will shape your financial footing for years to come. At Cohen Highley, we begin by taking the time to understand your full circumstances: what you own, what you owe, what was brought into the marriage, and what was built within it. From there, we provide clear, practical guidance on how Ontario’s equalization framework applies to your specific situation.
Where appropriate, we support resolution outside of court. Collaborative family law and negotiation are often faster, less costly, and less disruptive than litigation, and they allow both parties to retain more control over the outcome. When those paths are not available, we are fully prepared to advocate for your interests in court.
Why Choose Cohen Highley LLP
The family law group at Cohen Highley LLP has extensive experience handling property division matters of all kinds, from straightforward equalization calculations to complex disputes involving business interests, pensions, inherited assets, and jointly owned property. We take the time to understand your financial picture fully, explain your rights clearly, and help you identify the most practical path to resolution. With offices in London, Kitchener, Windsor, Strathroy, and Sarnia, our team is accessible to clients throughout Southwestern Ontario. Contact us today to arrange a consultation with a member of our family law team.
Frequently Asked Questions
How is the matrimonial home treated during property division?
The matrimonial home is treated distinctly. No deduction is made for its pre-marital value, and both spouses have an equal right to possess it during the separation process regardless of whose name is on title.
What are the rules for common law property division in Ontario?
When a common law relationship ends, each partner generally retains ownership of property held in their own name. There is no right to equalization under the Family Law Act. Where one partner has contributed to property held in the other’s name, a claim based on unjust enrichment may be available. Common law partners who entered into a Cohabitation Agreement will generally have their property division governed by its terms. Given these complexities, seeking legal advice after separation is important.
How and why should I sever a joint tenancy after separation?
When you own property with another person, you either hold title as “tenants in common” or “joint tenants”. If you separate, but continue to own the property as joint tenants, and the joint tenant passes away, you could end up owning their share of the property, and the same would happen if you pass away. To avoid this, you can “sever” the joint tenancy, which simply means changing the ownership to “tenants in common” so that you each have your own defined share that you can leave to whoever you choose if you pass away. You can usually do this on your own without the other owner’s involvement with the help of a lawyer. Our family and real estate teams routinely collaborate to sever joint tenancies for separated clients.
What can I do if I don't know what assets my spouse has?
Both spouses in a separation should fully and honestly disclose all of their assets and finances. If your spouse is unresponsive or you believe your they are hiding assets or not being upfront, there are legal tools available to force them to provide that information, such as requiring them to answer questions under oath, ordering them to produce financial documents, or obtaining documents directly from a third party, like an employer. Our family lawyers can assist you in navigating how to best obtain required disclosure.
We own a house together. Who pays the bills after we separate?
Both owners are legally responsible for ongoing costs like the mortgage, property taxes, and property insurance, which are typically split equally. Utilities are also usually shared, unless only one party is living in the house, in which case that person is usually responsible for paying the utilities. However, this is flexible; you can agree or the court can order the parties to split these expenses differently. If one person covers more than their fair share, they may be able to get credit for those extra payments when the home is eventually sold or other property divided.
Our legal team is accessible, innovative, and professional.
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