Property division in divorce requires equitable distribution of all marital assets and debts between spouses
In Canada, the division of matrimonial property follows the principle of equitable distribution, where assets acquired during marriage are typically split equally between spouses. A comprehensive property division agreement should address both assets and liabilities accumulated during the marriage.
A thorough property division process includes:
- Identifying all marital assets including homes, vehicles, investments, pensions, and business interests
- Determining fair market value of all property through professional appraisals when necessary
- Cataloguing shared debts such as mortgages, loans, and credit card balances
- Distinguishing separate property acquired before marriage or through inheritance
- Considering tax implications of transferring or selling assets
Working with a qualified divorce mediator or financial analyst can help ensure a fair settlement while avoiding costly litigation. These professionals can identify hidden assets and provide valuable guidance on complex matters like pension splitting and business valuations.