Dividing Property in Marriage Breakdown – Is it Really 50-50?

 

SiMPly put, yes.  However, equalization is quite complex and very fact specific depending on many factors.

The law allows for situations that will permit an unequal division of property.  In a recent case the Superior Court agreed with my client that it was unconscionable to award his spouse 50% of the property and assets. Instead she only received 10% of the assets and property that she was seeking.

There are certain factors that allow for an unequal division of property. As demonstrated in my recent case, although the courts are reluctant to grant an unequal division, they will grant one if circumstances warrant it.

When it comes to the topic of determining your rights under equalization, it is strongly suggested that you consult with a lawyer to ensure you know all the facts specific to your case.

Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

 

Like us on Facebook! Follow us on Twitter and Instagram!

View COVID-19 Message

Regarding Covid-19:

Our office remains open remotely and is available to assist you by videoconference, phone, and email. Since the Covid-19 closures, SMP Law has assisted our clients with four urgent court matters and continues to have court attendances on motions that the courts have deemed urgent.

At SMP Law, we take the health and safety of our staff and clients as the highest priority. While we recognize the importance of social distancing at this time, we also recognize the importance of continuing to provide you with legal services during the time.  Please contact us at 905-565-9494 or info@smplaw.ca for any questions regarding your legal matter.