DURHAM REGION PROPERTY DIVISION LAWYERS
Following divorce or separation, spouses face the often challenging prospect of dividing assets. In Ontario, this process is rarely as simple as splitting property down the middle. Specifically, inheritances, gifts and assets owned by one spouse prior to the marriage can all affect the dynamic of property division. Decisions about the matrimonial home are often a source of conflict between spouses.In a relationship breakdown, it is wise for spouses to obtain independent legal advice. Barry J. Carmichael has maintained a successful Oshawa family law practice for over 30 years and can effectively advise clients on property division. Together with his team at Carmichael Law they make a strong advocate for their client’s interests in court and during negotiations.
Difference between Married and Common-Law Spouses
Unlike married spouses, common-law spouses do not have statutory property rights when the relationship dissolves. However, unmarried spouses can still assert a property claim based on several principles: constructive trust, resulting trust and unjust enrichment among them. For example, a spouse who made contributions — monetary or otherwise — toward the acquisition or preservation of a property may be able to claim an interest in that property.
Advice on Specific Property Issues: Pension Division
Division of assets can include interest in a share of a spouse’s employment pension. In general, married spouses do have an entitlement in this regard. Recent changes to the law have affected how pensions are resolved and paid out in the aftermath of divorce or separation. The Carmichael Law team advises clients on how these legal changes affect them and their financial entitlement.
The head of the firm, Barry J. Carmichael, has advised employees of Durham’s major employers, including the Durham District School Board, the Catholic District School Board, Durham Regional Police Services, Ontario Power Generation and the Ministry of Finance. The team at Carmichael Law is therefore intimately familiar with the property and pension issues specific to these employees and offers tailored and relevant advice and guidance to all clients.