Complex Property Division Lawyer in Toronto

Any asset that requires expert valuation or legal treatment is considered complex:

• Privately held businesses and professional practices
• Stock options/equity compensation
• Foreign property
• Pensions with deferred entitlements
• Intellectual property rights
• Cryptocurrency/assets
• Investment portfolios with capital gains tax implications

We work with forensic accounting and industry-specific valuation experts on:

• Business equity and goodwill
• Future income projections/market comparables
• Tax ramifications of transfers of ownership
• Resolution options (sale, buyout, or co-ownership)

Inherited and third-party gifted assets are typically excluded from division except where they have been:

• Comingled with the marital assets (i.e. deposited to a joint account)
• Invested in the matrimonial home
• Substantially enhanced with marital funds

We consider:

• Up-to-date current market value
• Mortgage and equity positions
• Any capital gains tax liabilities
• Rental profit history and future earning potential

Sometimes solutions involve trading off equity against other assets, structured buyouts, or co-management agreements.

We conduct:

• Forensic analysis of financial accounts
• Review of tax filings/business ledgers
• Subpoenaing of hidden accounts/offshore holdings
• Court orders preventing asset stripping

Debt acquired during the marriage is also usually split, regardless of which spouse incurred it. We:

• Investigate personal versus business-related liabilities
• Audit loan purpose and repayment schedules
• Negotiate responsibility based on income/asset splits

Resolution in most cases is achieved in 8-18 months. Factors that can delay this process include:

• Contested asset valuations
• Non-cooperative parties/hidden assets
• Collateral involvement of international jurisdictions
• Court scheduling logistics

We seek to negotiate a settlement through:

• Mediation with financial specialists
• Collaborative Law processes
• Arbitration with binding decisions

Court litigation is used as a last resort if agreement is not possible.

We use:

• Confidentiality undertakings for all participants
• Secure digital document portals for information-sharing
• Private mediation sessions
• Sealed court records where appropriate

Fees are determined by:

• The complexity of valuation of assets
• Expert witness involvement
• Whether matters settle early or go to a full trial

We provide transparent cost estimates and regular billing updates to our clients.

We apply to the court for:

• Temporary spousal support
• Property non-dissipation orders
• Temporary possession of matrimonial homes
• Access to joint accounts for basic living expenses

Yes, we coordinate:

• Tax-optimized support payment structures
• Asset offsets against support arrears
• Contingency arrangements for asset liquidity problems

We employ:

• Actuarial valuations for defined benefit arrangements
• 'If and when' payment terms for non-vested stock options
• Equalization payments reflecting present value of future benefits

Potential solutions are:

• Buyout plan with payment schedule
• Caps on business valuation
• Other spouse's non-participation/non-competition policy
• Separate corporate re-structuring

We advise:

• Assembling 3 years of tax returns
• A list of all digital asset accounts
• Valuation/appraisals for unique items if needed
• Meeting a financial planner before you file