Division of property within a family law context and separation includes determination of such issues as: division of the matrimonial home (it could be also a cottage) in the context of married spouses or division of a family home in the context of common-law spouses; division of other properties; division of personal items and equalization (in the context of married spouses).
There are many moving parts in the process of the division of property. Your family law lawyer should have knowledge and experience dealing with this issue to maximize the benefit of the potential outcome and warn abut potential consequences resulting from a particular decision. As such, your lawyer should know the differences between principles that are applicable to married spouses and common-law spouses in the context of the division of property.
Property Division (Married Spouses):
The property division regime for married spouses differs from the the regime applicable for common-law spouses because. There are many issues that may arise during the division of property of married spouses. For example, some of the issues may include disagreements about the value of the property on the date of separation, lack of disclosure, etc.
As such, it is important to have an experienced counsel who will be able to identify the issues and proactively address them in order to move the matter along instead of stalling it even if the other party is not willing to finalize the matter.
Progressive Legal Solutions can help you with the issues related to property division and all other issues arising out of your separation.
Equalization
Property division includes the issue of equalization, which is the process aiming at equalizing former spouses’ positions after their separation. It is important to note what property is excluded from equalization and where you can improve your position the most (for example, your family law lawyer should be aware of exceptions to the rules and some additional nuances such as, for example, tax consequences of accessing pension funds).
All in all, there are many hidden issues that a separating spouse should be aware of and an experienced divorce lawyer will be able to help. Progressive Legal Solutions deals with such issues on a constant basis. We will be able to navigate you throughout the whole process of separation including the issues of property division regardless of whether you are married spouses or common-law.
Progressive Legal Solutions can help you with the issues related to equalization and all other issues arising out of your separation.