Home & Property Division

Upon separation, spouses are entitled to equalize their net family property, involving the wealthier spouse compensating the other for half the difference in their net family property.

Net family property is the value of a spouse's property on the valuation date, minus debts and property owned on the date of marriage, excluding the matrimonial home. Excluded property is also considered.

The valuation date is the earliest of various events, such as separation, divorce, marriage annulment, application for improvident depletion, or the date before the death of one spouse.

Criteria include physical separation, withdrawal from marital obligations, absence of sexual relations, communication patterns, joint activities, meal patterns, and performance of household tasks.

Property includes tangible and intangible assets, vested or not, money owed, collectibles, joint ownership, and rights to receive future payments.

Excluded property includes gifts, inheritance acquired after marriage, income from such property, damages for personal injuries, life insurance proceeds, and property agreed upon in a domestic contract.

Deductions include the value of property and debts on the date of marriage. However, the matrimonial home's value and related debts cannot be deducted, and its full value is divided during separation.

Unconscionable circumstances, like failure to disclose debts, reckless debt accumulation, gifts, intentional asset depletion, disproportionate debt, written agreements, or other justifiable reasons, may warrant an unequal division.

Unmarried couples lack an automatic entitlement to property division. Ownership typically determines entitlement, and increased values in individual assets are not automatically shared.

Unjust enrichment claims require showing enrichment to one party, corresponding deprivation to the other, and a lack of legal justification. Contributions to a joint family venture can support such claims.

A joint family venture involves contributions to wealth accumulation. Courts consider mutual effort, economic integration, actual intent, and priority of the family in determining a joint family venture.

Remedies include monetary compensation or the imposition of a constructive trust. Cohabitation agreements provide clarity on property matters, avoiding complex litigation associated with trust claims.

Assets accumulated during marriage are divided equally between spouses, including appreciation in value. A date of marriage deduction is applied, except for the matrimonial home.

Assets are divided based on ownership. The owner retains full value, but claims may arise if the non-owner made significant contributions.

The matrimonial home includes any property occupied by the family, including vacation homes. It's divided equally, unlike other assets.

Both spouses have the right of possession. The outcome depends on mutual agreement, such as selling or one spouse buying the other's interest.

No, both spouses have possession rights, requiring mutual agreement for one to vacate.

No, moving out does not forfeit rights, but it may affect re-entry without the other spouse's consent.

Jointly held assets cannot be sold without consent, but individually held assets can be. Legal advice is recommended.

Yes, if solely owned, but a date of marriage deduction is not applied, requiring financial split with the spouse.

Outcomes depend on circumstances. Legal guidance based on facts is recommended.

Seeking an unequal division may account for the debt, with your spouse potentially taking on associated liability.

Excluded from net family property if proof of transfer and separation from joint assets is provided.