Arabic Property Division Lawyer in Mississauga

For many separating couples in Mississauga, the family home is their largest asset, followed by pensions, investments and sometimes a business or property overseas. Ontario doesn’t simply split everything in half. It uses a specific formula, with special rules for the matrimonial home, that can produce very different results depending on how assets are valued and what is excluded. The property division lawyers in our family law practice make sure you receive, or pay, what the law actually requires. We serve clients in English and Arabic.

Call 905-361-9791 or book a consultation.

How property is divided: equalization of net family property

Under Part I of Ontario’s Family Law Act, married spouses don’t divide each item of property. Instead, each spouse calculates their net family property (NFP), and the spouse with the higher NFP pays the other half the difference. This is the equalization payment.

Net family property is roughly calculated as:

1. The value of everything you own on the valuation date (usually the date of separation),
2. minus your debts on that date,
3. minus the net value of property you owned on the date of marriage (except the matrimonial home, see below),
4. minus any excluded property.

The result is to share the growth in wealth during the marriage equally.

Excluded property

Some property is left out of the calculation entirely, including:

• Gifts and inheritances received from third parties during the marriage.
• Personal injury damages.
• Life insurance proceeds.
• Property that can be traced to any of the above.
• Property excluded by a valid marriage contract.

Excluded property can lose its protection if it is mixed in with family assets. Most importantly, an inheritance used to buy or pay down the matrimonial home generally can’t be excluded. Tracing exclusions requires careful documentation.

The matrimonial home

The matrimonial home gets special treatment in Ontario:

• Both spouses have an equal right to live in it, no matter whose name is on title, until there is an agreement or court order.
• Neither spouse can sell or mortgage it without the other’s consent.
• No date-of-marriage deduction. If you owned the home before the marriage and it is still the matrimonial home at separation, you can’t deduct its value on the date of marriage. This often surprises people.
• Exclusive possession. A court can order that one spouse stay in the home, especially where children or family violence are involved.

For more, read our article What is the matrimonial home and who gets to keep it?

Complex assets we deal with

Common-law partners

Ontario’s equalization and matrimonial home rules apply only to married spouses. Common-law partners keep what is in their own name unless they can prove a claim such as unjust enrichment or a joint family venture (Kerr v. Baranow). These claims are complex and have their own limitation periods. Get advice early.

Time limits and protecting assets

An equalization claim must generally be started within two years of a divorce or six years after separation, whichever comes first. If there’s a risk a spouse will hide, transfer or spend down assets, the court can make preservation orders. We act quickly where assets are at risk.

How we help

• Prepare and review NFP statements and financial disclosure.
• Trace and protect excluded property.
• Work with valuators, actuaries and accountants.
• Negotiate the matrimonial home: buyouts, sales and exclusive possession.
• Address overseas property and religious marriage contracts such as a mahr, with advice available in Arabic.
• Litigate equalization claims in the Superior Court in Brampton when necessary.
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Frequently asked questions

Is property split 50/50 in Ontario?

Not exactly. Each spouse keeps their own property, but the growth in net worth during the marriage is shared equally through an equalization payment. Some property is excluded.

Who gets the house in a divorce in Ontario?

Both spouses have an equal right to live in the matrimonial home until an agreement or court order says otherwise. The home is often sold, or one spouse buys out the other’s share. Title doesn’t decide who keeps it.

Is an inheritance divided in a divorce?

Generally no, if it was received from a third party during the marriage and kept separate. If it was put into the matrimonial home, it usually loses that protection.

Does property I own back home count?

Yes. Property anywhere in the world is included in your net family property and must be disclosed.

Do common-law partners split property in Ontario?

Not automatically. Common-law partners have no right to equalization, but may have claims based on contributions to the other’s property through unjust enrichment.

Related services

• Family Law
• Divorce Lawyer
• Separation Lawyer
• Spousal Support Lawyer
• Article: What is the matrimonial home?

Speak to a Mississauga property division lawyer

Call 905-361-9791 or book a consultation in English or Arabic.