When navigating a marriage breakdown, one of the critical aspects to consider is the division of property. In Ontario, the Family Law Act (FLA) provides a comprehensive framework for this process, ensuring a fair division of assets. A significant part of this process pertains to the division of pensions, which can often be the largest asset a couple owns, aside from their home.

Divorce or separation can be a complex and challenging process, particularly when it comes to the division of property. Understanding how different types of property are treated under the law can be crucial for a fair and equitable division of assets. In this post, we will delve into two types of assets that can be particularly complex: stock options and trust interests in property.

Constructive and resulting trusts are legal concepts that courts use to rectify situations where property ownership might lead to an unjust enrichment of one party. This typically happens when both parties have contributed to the accumulation of wealth, but the property is solely in one spouse's name.

When marriage breakdown occurs, one significant and often overlooked aspect is the costs of disposition of assets. In family law, these costs can greatly influence the property division and financial settlements between the separating parties.

When it comes to the division of property during a divorce or separation, the process is typically guided by the principle of equalization. However, there are exceptions to the rule. One such exception is the concept of "unconscionability." This legal term refers to situations where the result of equalization would be so unjust or excessively one-sided that it would "shock the conscience of the court." In this blog post, we'll delve into the concept of unconscionability under Ontario's Family Law Act (FLA).

Property preservation can take different forms. It can be limited to preserving the value of the property, allowing the owner to continue usual activities so long as the value remains intact. This could include buying and selling shares, running a company, or even selling or encumbering the property pending final determination or settlement.

When navigating the complexities of a marital breakdown, understanding the legal landscape is a crucial step. One area that often causes confusion is the concept of the matrimonial home and related property rights under Ontario's Family Law Act (FLA).