Ottawa Divorce with Property Division

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    When couples divorce, each is entitled to half of the net family property. When the couple has significant assets, valuing and equalizing property can be complex, time-consuming, and contentious. Ensuring you meet your financial goals in your divorce requires the help of a well-resourced and sophisticated matrimonial lawyer.

    Equitable division of property in Ottawa high-asset divorces can trigger intense emotions. Dividing property in a high net-worth divorce is often complicated by keeping businesses operational and preserving your family heritage associated with farms, cottages, and other properties. Our skilled high-asset divorce lawyers from The Riley Divorce & Family Law Firm could address your fears, goals, and motivations. Let our lawyers help you secure a property division agreement that meets your needs.

    What Is Property Distribution in Divorce?

    Each spouse’s net family property is the difference between their net worth on the marriage date and their separation date. The spouse whose net worth has increased the most must pay half the difference to the other spouse to equalize the economic benefit each spouse derived from the marriage.

    These basic calculations can cause disagreements when one or both spouses have significant wealth. Determining what property is subject to valuation and even the valuation date—the date you permanently separated from your spouse—can have enormous financial consequences. Additionally, dividing property in Ottawa high-asset divorce cases is often incredibly complex. For example, many couples hold assets in U.S. dollars or own real estate in the U.S. The exchange rate on the valuation date could significantly impact the value of their assets.

    Crucial Issues Related to Matrimonial Homes in Divorce

    Further complicating matters, the marital home is not counted in the net family property calculation. High-asset couples often have multiple matrimonial homes. Both spouses have equal rights to possession of each of them, regardless of whose name is on the title.

    High-asset individuals often enter marriage owning property that becomes a matrimonial home. They may not exclude the value of this property from the NFP calculation, which inflates the value of the NFP and potentially increases the equalization payment. High net-worth couples should work with a skilled lawyer to settle issues regarding equitable division of property in Ottawa divorces.

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    How to Identify Family Property

    Any property a spouse acquired during the marriage that still exists at the time of separation is considered family property and is subject to valuation unless expressly excluded, regardless of who acquired it or whose name appears on title documents. Property might be excluded from the family property valuation if it is:

    • Gifts intended for only one spouse
    • Proceeds from a life insurance policy
    • Proceeds from a personal injury claim
    • The property of one spouse according to a valid marriage contract
    • An inheritance to one spouse that is not a matrimonial home or traceable to a matrimonial home
    • Real property owned by one spouse at the time of marriage and is not a matrimonial home

    When the property is excluded from the family property calculation, any change in its value during the marriage could be considered family property.

    High net-worth couples often have diverse holdings, including:

    • Trusts
    • Pensions
    • Real estate
    • Businesses
    • Collections
    • Stock options
    • Retirement funds
    • Offshore accounts
    • Investment portfolios
    • Household furnishings

    Identifying all assets and liabilities requires a spouse to make an accurate and complete financial disclosure. An Ottawa lawyer could work with a Chartered Professional Accountant Certified in Financial Forensics to locate hidden assets, ensure they are included in the NFP calculation, and ensure equal division of marital property a high net-worth divorce.

    Seek Help on Property Division During a High-Asset Divorce With an Ottawa Lawyer

    You are probably concerned about maintaining your lifestyle after your splitting assets in a divorce. You might also worry that your spouse will use the property equalization process to deprive your family of a successful business or heritage property.

    Contact our local lawyers who are skilled in matters relating to property division in divorce. A seasoned legal professional at our firm could help you accomplish your desired result. Our lawyers are available 24/7, so reach out now to get started.

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    Paul Riley Law Office

    Paul Riley Law Office
    N/a
    99 Yorkville Avenue,
    Suite 200

    Toronto, ON M5R 3K5
    116 Albert Street,
    Suite 300

    Ottawa ON  K1P 5G3
    223 Kent
    St W,

    Lindsay, ON  K9V 5G6
    410 North Service Rd E
    Suite 4,

    Oakville, ON  6H 5R2