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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-17-2010, 07:25 AM
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Default Property Division Law for Divorce?

Is there a law that deals with property and division of it?

In perticular I am trying to determine how property division is handled after a separation.

I know what ever you accumulated during marriage is divided equally and what you came in with you get to take out.

Been separated for 2 years and still have not settled property division.

Can anyone refer me to them/it?
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Old 09-17-2010, 08:39 AM
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See the Family Law Act:

Family Law Act, R.S.O. 1990, c. F.3
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Old 09-17-2010, 04:35 PM
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Each province has a Matrimonial Property Act. This governs how property is to be divided, and is also used in conjunction with the Family Law Act. However judges have been known to use their own opinions on how to divide property.

Often this is a difficult issue for the courts to finalize, as the biggest issues they want to deal with first are custody and access. If those issues are not done, then the other issues often get delayed.

Often it comes down to the two parties solving the issues themselves, mediating the property issues, or having lawyers hash out the issues both before and then after in court.
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