Limitation Periods for Property Claim in Family Law

The Family Law Act, R.S.O. 1990, c. F.3, section 7(3), prescribes the limitation periods for bringing an application for equalization. These periods are the earliest of two years after the marriage is terminated by divorce or judgement of nullity, six years after the date of separation, or six months after the first spouse’s death. Neglecting these timeframes can result in forfeiture of the right to apply for equalization.