This Page deals with claims regarding property, if the parties are or were married.  They arise from the status of being married.  There are limited claims for couples even if they are not married, discussed on the Property - Married or Not page. 

Equalization of Property
A spouse has a claim for a payment to equalize the value of property.  A greatly simplified version of this is as follows.  For each spouse:

1. determine what property (or interest in property) the person owns
2. determine the value of all assets at the date of separation
3. subtract the value of all debts at the date of separation
4. subtract "excluded property" (assets less debts - for example, gifts, inheritances, damages for injuries)
5. subtract the value of property at the date of marriage (but not matrimonial home)

This results in the "net family property" of each spouse.  It cannot be a negative amount.

Subtract the lower net family property amount from the higher one and divide in half.  This is the equalization payment.

There are however many restrictions, exceptions, etc.

Matrimonial Home
There are special rules regarding a matrimonial home.  A "matrimonial home" is a property that:

• one or both spouses have an legal interest in (regardless of how or when acquired); and
• the spouses occupied as a family residence at the date of separation.

There may be more than one Matrimonial Home.  While usually it s land and a building that is owned, it can include a rental lease (usually of little value) or a trailer or even a boat.

Without the other spouse's consent or a court order, neither party may lawfully do any of the following regarding a matrimonial home:  sell; mortgage; or exclude (remove) the other party.

A court may remove one spouse and give possession of the home to the other in certain situations.  Usually this involves consideration of the best interest of children and the risk of violence.

If the home is the only major asset, it is unlikely that a party will get exclusive possession of the home for more than a temporary period.

Some rights regarding a matrimonial home are lost if a claim is not started before a divorce is granted.

A court may also order possession of the household contents.