Real Estate Complications During an Oakville High-Asset Divorce

If a divorce involves real estate holdings, it may become a challenging part of the separation process. From the matrimonial home to investment properties to vacation real estate, each asset must be carefully valued, disclosed, and divided according to Ontario’s property laws.

At The Riley Divorce & Family Law Firm, we help clients navigate real estate complications during an Oakville high-asset divorce. When issues arise, our divorce lawyers could work to preserve what is rightfully yours. With 24-hour availability and a team of experienced divorce lawyers, we are here to protect your interests every step of the way.

Are There Special Rules Regarding the Matrimonial Home?

Under Ontario’s Family Law Act, your home is treated differently in a divorce from other property. Since it is the residence where you and your spouse lived together at the time of separation, it is considered the matrimonial home, even if one spouse owned or acquired it through inheritance before the marriage. There are a few complex real estate factors to consider regarding your high-net-worth Oakville property during the divorce process, including:

• No exclusion applies to the matrimonial home
• Both spouses have an equal right to possess the home until divorce is finalized or a court orders otherwise
• If the home is sold, each spouse may be entitled to half the equity, regardless of who paid for it

The Riley Divorce & Family Law Firm could help you assess your options for this property, from negotiating possession to structuring a buyout.

Multiple Properties and Complex Ownership Structures

In high-asset divorces, the matrimonial home in Oakville is often just one of several real estate properties that could complicate things. High-net-worth couples often own multiple real estate assets, including:

• Rental properties
• Commercial buildings
• Vacation homes or cottages
• Properties held through corporations, trusts, or holding companies

Each property must be valued at the date of separation, also known as the valuation date. This legal date is used to determine the value of each spouse’s assets and debts to be divided during divorce. After that date, any real estate acquired by either spouse may not be subject to equalization unless it is agreed upon.

Real estate held through complex structures, such as a business or family trust, may also prove difficult during a high-asset divorce. An accountant may be needed to trace ownership and determine whether the asset is shareable. Our team works with real estate appraisers, accountants, and tax advisors to ensure every property is fully disclosed and accurately valued.

Buyouts, Sales, and Tax Implications

Once real estate is identified and valued, the next step is deciding how you and your spouse want to divide it. In some cases, one spouse may wish to retain a property through a buyout. In others, the best option may be to sell and divide the proceeds.

When it comes to real estate division, each has its pros and cons. For example, a buyout requires the ability to refinance or assume the mortgage. However, a sale may involve capital gains tax, realtor fees, and market timing risks. Additionally, real estate in corporate or investment structures may trigger even more complex tax consequences.

During high-asset divorces, we help Oakville clients weigh their options and navigate real estate concerns based on their goals, both personal and financial. Whether you want to preserve a specific property or simplify your portfolio, our team of lawyers could create a plan that protects your rights while moving toward a secure financial future.

Talk to Our Oakville High-Asset Divorce Lawyers About Real Estate Complications

If you are facing real estate complications during an Oakville high-asset divorce, the team of lawyers at The Riley Divorce & Family Law Firm is here to help. Whether you are in the midst of a divorce or trying to prevent potential issues down the road, our team has the experience you need to navigate your concerns. Call our team any day, 24 hours a day, to discuss your next steps.