Property Division Toronto
Protecting Your Financial Future — Property Division Toronto
Ontario’s equalization process determines how net family property values are calculated after a marriage ends. Our Division of Property Lawyers in Toronto help you understand what is included, what exceptions may apply, and how to protect your financial future.
WHAT WE DO
The Equalization Calculation
When a marriage ends in Ontario, the Family Law Act requires that the growth of the value of property accumulated during the marriage, less the liabilities of the parties, be divided equally. This process is called “equalization.” It is not about splitting each individual asset fifty-fifty; it is about ensuring each spouse leaves with an equal share of the wealth accumulated during the marriage, less the debts owed by the parties.
The calculation works in three steps: First, determine each spouse’s net family property (NFP) by adding all assets and subtracting all debts and tax consequences on the date of separation. Second, subtract the value of each spouse’s property on the date of marriage if legally permissible (the matrimonial home is not entitled to a date of marriage deduction). Third, the spouse with the higher NFP pays the other spouse half of the difference. This is called equalization of net family property values.
Kathryn ensures all assets and debts are properly identified, valued, and divided. She traces excluded property such as gifts, inheritances, and pre-marital assets.
WAYS WE SUPPORT YOU
The Matrimonial Home
The matrimonial home receives special treatment under Ontario law. Regardless of whose name is on the title, both spouses have an equal right to possession. Neither spouse can sell, mortgage, or lease the home without the other’s consent or a court order.
If a spouse is non-titled on the matrimonial home, the titled spouse presumptively holds their interest by way of a trust claim.
Kathryn helps clients navigate who stays in the matrimonial home during and after separation; whether the home should be sold; how proceeds are divided; and what happens when one spouse wants to buy out the other’s interest in it. She also brings motions for exclusive possession of the matrimonial home and a restraining order when a client’s safety is at risk.
Why Choose Us
Strategic, Compassionate Guidance That Protects Your Financial Stability
At Smithen Family Law, we understand how stressful and emotional property division can be-especially when your home, savings, or future security feel at stake.
Our trauma-informed approach blends strong legal expertise with empathy, clarity, and respect. We guide you through each step, ensuring you understand your rights and feel supported-not pressured or overwhelmed. With transparent communication and thoughtful strategy, we help you secure a fair outcome that protects your long-term financial well-being.
Stories of Strength
What Our Clients Say
The most meaningful measure of our work is the lives rebuilt along the way. These stories reflect courage, trust, and the quiet victories that matter most when navigating family law and personal transformation.
She Worked Hard and Stayed With Me Through Everything
K. Smithen was attentive, professional, and dedicated throughout my case. She listened, answered all my questions, and fought for the best interests of me and my child. Her compassion and hard work made a difficult process easier. I strongly recommend her.
M.O.
Her Guidance Helped Me Feel Protected and Supported
Ms Smithen is professional and cares for her clients. I was able to focus in my situation and rely all the legal stuff to her. Due to her knowledge, I was able to secure a home for my kids. She offers good advice and makes sure the job gets done. Her rates are fair and the quality of her job is excellent. She is prompt to respond even on weekends or evenings. During the worst time of my life I felt protected and care for. Without her I would have been a mess. She is strong communicator and when in court she has a great presence and makes you feel comfortable in an unfamiliar environment. When sick you call a doctor. With a divorce you want her representing you.
L.K.
Her Team Supported Me Through Every Step With Grace.
Kathryn listened carefully to my situation and made me feel safe and supported. She and her team worked diligently, guided me with grace, and helped me stay focused during a difficult time. Her professionalism, strength, and compassion made a tremendous difference. I strongly recommend her.
WY Chan
Dedicated, Empathetic, and Truly Exceptional Representation.
Kathryn is dedicated, understanding, empathetic, and incredibly sharp. She represented me in family court with outstanding attention to detail. I felt heard, validated, and fully supported throughout the process. I am forever grateful for her hard work and commitment to my case.
MCF
Her Compassion and Integrity Helped Us Stand Again.
My divorce was extremely difficult, but Kathryn helped us land on our feet. She handled my case with exceptional compassion, professionalism, and attention to detail, protecting me and my children at every step. I am deeply grateful for her integrity and dedication. She is truly the right lawyer in hard times.
Asta Velyviene
She Helped Me Protect My Son and My Future.
Kathryn guided me through my divorce and child custody case with compassion and constant support. She kept me informed, answered every question, and helped me secure a fair agreement that protected my son’s special needs. Her judgment, creativity, and dedication made a difficult process manageable.
Paula Goncalves
Your Next Step Starts Here
Clear Guidance Through Property Division.
When it’s time to divide assets and financial interests, you deserve advice that’s practical, measured, and focused on fairness. We help you navigate property division efficiently, protecting your interests while minimizing unnecessary conflict.
Support and Clarity
Frequently Asked Questions
Property division involves important decisions about assets, debts, and financial security. Here, we answer common questions to help you better understand the process and what to expect.
How is property divided in an Ontario divorce?
Ontario uses equalization, not equal division. Each spouse’s net family property is calculated (assets minus debts at separation, minus pre-marital property). The spouse with the higher NFP pays half the difference. The matrimonial home has special rules notwithstanding equalization rights; both spouses have equal possession rights regardless of title.
What happens to the house in a divorce?
Both spouses have equal rights to the matrimonial home. Neither can sell or mortgage it without the other’s consent. Options include: one spouse buys out the other; the home is sold and proceeds divided; or one spouse remains temporarily under an exclusive possession order.
What if my spouse hides assets during divorce?
Kathryn uses financial disclosure requirements, subpoenas, forensic accountants, and court orders to uncover hidden assets. Courts sometimes penalize spouses who hide assets by awarding costs to the wronged party. If you suspect hidden assets, contact Kathryn immediately.
Your Next Step Starts Here
You Don’t Have to
Face This Alone
Whether you need immediate guidance or space to understand your options, we’re here to support you with clarity and compassion. Reach out, and let’s take the first step toward safety and resolution, together.
