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I cannot find any detains on how Ontario law Deals with the splitting of assets in a divorce. I am specifically interested in if their are any exemptions to inherited family property (a farm owned by grandmother and father), which passed to the divorcee (I will call him Joe) through the death of the grandmother (directly) and gifted by the father.

These transferal of the property was prior to the marriage.

The couple lived on the property for about a decade. I am not aware of the exact numbers but I think Joe provided what would be considered well below the poverty line, perhaps around the poverty line in income near the end.

At present, the wife (I will call her Jane) has a job that I think outstrips his past or present income. And Joe has some farm machinery, but 99% of his assets are in the property. Some half-done renovations were done to the house, but none of the value of the property is in the house.

I cannot find any details on Ontario law on if Jane would be eligible to 50% of the farm; Eligible to 50% of the increase in the value of the farm over the term of their marriage due to the rising market; If she can force him to sell the farm; etc?

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A summary is here.

In Ontario, couples keep what they brought to the marriage but split what was gained during the marriage 50-50 except where one partner brought the matrimonial home into the marriage (unless there is a marriage contract or separation agreement).

Its complicated - Joe and Jane need lawyers.

  • Thank you. But I am a little confused by the wording. The section on the home clearly states that their is a difference between buying the home together and one partner bringing the home into the marriage with them. But the end result appears identicle to me, in both cases the full current value of the home is split. Also, would this not fall under "Excluded Property -- Gifts and Inheritances"? – Jonathon Sep 17 at 2:41
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    @Jonathon the gifts and inheritances exclusion is for those that happen during the marriage – Dale M Sep 17 at 2:43
  • OK. Really making progress here. Just knowing the right wording is helping immensely. I found that the matrimonial house does not include the commercial farm, it would probably only be the house and a lot sized chunk around it. R.S.O. 1990, c. F.3, s. 18 (3). – Jonathon Sep 17 at 2:58
  • So for property, does the one who brings it to the marriage keep it, or keep it minus the change in value due to market inflation? – Jonathon Sep 17 at 3:01
  • @Jonathon you now have all the information I do. – Dale M Sep 17 at 3:03

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