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Division of property

DIVISION OF PROPERTY in OTTAWA

Division of Property

Division of property spelled out in the divorce decree.

  • Equalization and Net Family Property (NFP) calculations.
  • Joint Family Venture and Constructive Trust claims.
  • Inheritance and other exclusions analysis.
  • Prepare and assess required financial disclosure. 

Division of property disputes are common in Ottawa courts. The following link provided by the Government of Canada gives a number of possible options. When going through the divorce process, division of property comes with a lot of complexities. To successfully navigate this landscape, the involved parties should have the care and attention of a reliable lawyer that can protect their rights and fight for their best interests. Whether you are pushing to retain your family home, have problems regarding the division of retirement funds, or want to protect your right to assets acquired during the duration of the marriage, an experienced Ottawa divorce lawyer can help you.

At RPB Family Law, we look to provide our clients with efficient, practical and reliable legal advice for all family law matters. We cover a wide range of practice areas in the field of family law including divorce, separation, child support, spousal support, child access and parenting time, alternative dispute resolution, and inheritance protection among others.



We Handle Ottawa DIVISION OF PROPERTY CASES


Regardless of your circumstances or what you may be going through with your divorce, you can always benefit from the input of an experienced divorce lawyer when it comes to property division. Below are some ways we may fight for your best interests in a division of property case.



1.  Equalization and Net Family Property (NFP) Calculations

An equalization is a form of payment made by one spouse to the other during a divorce or separation. It only applies to married spouses and not common-law spouses. To determine how much the other spouse receives as an equalization payment, the participants need to calculate the net family property, and this can be quite complicated.

At RPB Family Law, we handle all net family property calculations to determine how much our clients deserve to get as equalization payment. If you are pushing for an equal property division, we can find proof to support your claims to help you find the best terms.

2. JOINT FAMILY VENTURE AND CONSTRUCTIVE TRUST CLAIMS

For people in common-law relationships, the presumption of equal interest property rights applicable to married couples does not apply. Therefore, you have to prove that you contributed to your partner’s assets and satisfy the test for unjust enrichment. This can be pretty difficult and you need a reliable lawyer practicing family law in Ottawa to prove the legal test for unjust enrichment. 

We can also help prove that you worked collaboratively to achieve a common goal with your partner through a mutual effort to help you engage in a joint family venture. Our lawyers can help you meet the other requirements including economic integration, priority of the family, etc.

3. Inheritance analysis & Financial Disclosure Preparation

We also analyze inheritance and other exclusions due to the complications associated with laws governing division of such property. An Ottawa divorce lawyer will also prepare and access required financial disclosure.



Contact Our Expert Toronto Lawyers Today!


We understand that every case is different and therefore strive to provide personalized services for every client. Schedule a consultation today for more information on our services and how we can be of help.