Property Division

Navigating Equal and Unequal Divisions of Property, Family Debts, Pensions, and RRSPs

As a general rule, separating couples are automatically entitled to share equally in family property. In some cases, this can be a fairly straight-forward division. In others, the process involves assets or debts that are challenging to apportion equitably.

At Soby Boyden Lenz, we provide the sophisticated legal advice you need to navigate property division scenarios of all kinds.

Unequal Division of
Family Property

A 50/50 split is not always fair for both parties. The law recognizes this and allows for certain properties to be exempted from a distribution or for these properties to be divided unequally. It also allows an ex-spouse/ex-partner to seek a court order that provides not only for an unequal division but that the property be exempt from division.

Our lawyers can determine if an unequal division of property would better represent your interests under the law. We can negotiate for an agreement with your spouse/partner, if necessary, pursue the matter in court.

Unequal Responsibility
for Family Debt

Debts incurred during the marriage are also typically shared equally. In some cases, an ex-spouse/ex-partner may have taken on debt outside of the normal course of a relationship.  If sharing debt would be unfair to you, our lawyers can help you seek an alternative arrangement.