Wondering how property is divided in an Ontario divorce? Learn how Net Family Property (NFP) works, what happens to the family home, and key deadlines to claim your share.
When a marriage ends in Ontario, splitting property fairly is one of the biggest challenges. Luckily, Ontario’s Family Law Act has clear rules to make sure both spouses get a fair share of what they built together.
How Property Division Works
Ontario uses something called Net Family Property (NFP) to divide assets. Here’s how it works:
- List everything you own (house, cars, bank accounts, pensions, etc.) and subtract what you owe (mortgages, loans, credit card debt).
- Subtract what you brought into the marriage (e.g., savings or property you owned before marrying).
- Compare the totals—the spouse with the higher NFP pays half the difference to the other.
This way, both spouses walk away with an equal share of what was gained during the marriage.
Special Rules for the Family Home
The matrimonial home (the house you lived in together) gets special treatment:
- No deduction for pre-marriage value – If one spouse owned the home before marriage, they can’t subtract its original value from the NFP.
- Equal right to stay – Even if only one spouse’s name is on the title, both have the right to live there until a court says otherwise.
- More than one home? – If you had a cottage or vacation property used by the family, it might also count as a matrimonial home.
What Gets Divided?
Almost everything acquired during the marriage is split, including:
- Houses, cars, boats
- Bank accounts, investments, RRSPs
- Pensions (these need special calculations)
- Businesses (may need an expert to value them)
- Furniture and household items
Some things aren’t automatically split:
- Gifts or inheritances (unless you mixed them into shared accounts or used them for family expenses).
- Money from a life insurance payout.
- Personal injury settlements.
- Anything excluded in a prenup or postnup.
Don’t Miss the Deadline!
You must act fast to protect your rights:
- 6 years from separation – To file for equalization under the Family Law Act.
- 2 years from divorce – If you’re already divorced.
Missing these deadlines could mean losing your claim forever—though in rare cases, a court might extend them.
Getting Help
Dividing property can get tricky, especially with things like pensions, businesses, or overseas assets. A family lawyer can help make sure everything is valued fairly and that you get what you’re owed.
If you’re going through a separation, reach out for legal advice early—it’s the best way to protect your future. Boardwalk Law’s family law team can help you understand your rights and obligations under Ontario law. Contact us to schedule a consultation and ensure your interests are protected during the property division process.
