How to Divorce & Keep the House: A Guide for Ontario Residents
- Divorce is Simple
- Mar 17
- 5 min read
Divorce is a deeply emotional and life-altering experience, and the process can feel overwhelming. When you add the complexity of wanting to keep the family home, it can seem even more daunting. In Ontario, the legal aspects surrounding divorce and property division can be confusing, and it's essential to approach the situation with care, strategy, and a thorough understanding of the law. At Divorce is Simple, a family law mediation firm based in Burlington, we aim to make this process easier, ensuring you understand your rights and options.
In this post, we will explore how to divorce and keep the house, focusing on Ontario law, and offer guidance on how mediation can help make this process more manageable. Whether you live in Burlington, Oakville, Toronto, or anywhere else in Ontario, we are here to guide you through the steps with compassion and professionalism.
Understanding Property Division in Ontario Divorce
Ontario's laws around property division are clear but can sometimes feel emotionally heavy. According to the Family Law Act of Ontario, assets and debts acquired during the marriage are generally divided equally between spouses. This means that if you want to keep the family home, there are several factors you’ll need to consider.
Equalization of Net Family Property (NFP)
In Ontario, when a couple divorces, the value of their Net Family Property (NFP) is calculated. NFP includes everything you’ve acquired during the marriage (assets such as the house, cars, and savings), minus any debts. The goal of equalization is to ensure that both parties receive an equal share of the wealth accumulated during the marriage.
The family home, in most cases, is considered part of NFP. If you want to keep the house, you will have to figure out a way to offer your spouse their fair share of the home's value. This is often where the challenge lies.
The Family Home and Special Rules
The family home has special treatment in Ontario divorce law. Unlike other properties, it is exempt from any claims made by a spouse during the marriage. This means that the home cannot be excluded from the equalization process simply because one spouse lived in the house longer, or the house was inherited or gifted to one party before the marriage. It is still considered part of the couple’s marital property.
However, if you wish to keep the house after divorce, this exemption is critical because it will impact how assets are divided. You will need to arrange a financial solution to ensure both you and your spouse get what you're entitled to under the law.
Mediation: A Compassionate Way to Keep the House
At Divorce is Simple, we recommend divorce mediation as a way to help clients navigate the complexities of property division, including keeping the family home. Mediation is an alternative to traditional courtroom battles, and it allows both spouses to work together—rather than against each other—to find a mutually beneficial resolution.
Here’s how mediation can help you:
More Control Over the Outcome
Unlike a courtroom trial, where a judge makes the final decision, mediation allows you and your spouse to have a say in the outcome. You can negotiate terms that suit your needs and desires, whether that means negotiating a fair payment arrangement for the house or finding a solution to divide assets equitably.
Preservation of Relationships
Divorce is already a stressful experience, and many couples find it difficult to communicate effectively when emotions are high. Mediation provides a neutral, compassionate space to work through these challenges. The goal is to reach an agreement that helps preserve the relationships between you and your spouse, especially if there are children involved.
Cost-Effective
Litigation can quickly become expensive and time-consuming. Mediation is typically much more affordable because it avoids the lengthy process of court hearings and trials. Additionally, since mediation is often quicker, it allows both parties to move forward with their lives sooner.
A Focus on Solutions
Mediation focuses on finding solutions that meet the needs of both parties. It is not about winning or losing but about creating agreements that are fair. In the case of the family home, this might mean one spouse agrees to transfer their interest in the property to the other spouse in exchange for a lump sum or other assets.
Steps to Divorce & Keep the House in Ontario
Now that we have a better understanding of how divorce mediation can help you, let’s outline the steps to follow if you want to divorce and keep the family home in Ontario:
1. Consult a Divorce Mediation Professional
The first step in the divorce process is to speak with a divorce mediator who can guide you through the entire process. At Divorce is Simple, we offer family law mediation services both locally in Burlington and Oakville, and across Ontario online. A mediation professional will help you understand your options and begin the process of dividing assets fairly.
2. Determine the Value of the Family Home
A key step in ensuring you can keep the house is determining its value. You and your spouse will need to agree on an appraisal of the home’s current market value. Once the home’s value is established, you can calculate what each spouse’s share of the home would be under the equalization process.
3. Review Your Finances
Divorce means dividing assets, and if you want to keep the family home, you need to assess your ability to do so. Can you afford to buy out your spouse’s share of the home? If not, you might need to consider other assets or financial options (e.g., securing a mortgage, selling other property, or dividing retirement accounts) to ensure a fair settlement.
4. Negotiate Terms through Mediation
With the help of your mediator, you and your spouse can discuss how to fairly divide the property. If you are seeking to keep the house, you may agree to pay your spouse their share through a lump sum, an ongoing payment arrangement, or by giving them a different asset of equal value.
5. Draft a Separation Agreement
Once the terms of your divorce are agreed upon, your mediator will assist you in drafting a Separation Agreement that outlines the details of the property division, including who will keep the family home and how other assets and debts will be distributed.
6. File for Divorce
Finally, once the Separation Agreement is complete, you can file for divorce. This process involves submitting the necessary legal documents to the court, and once approved, you will officially be divorced.
Compassionate Support Through Every Step
Divorce is an emotional journey, and at Divorce is Simple, we believe that divorce mediation in Ontario is the most compassionate, efficient, and effective way to help couples move forward. Whether you're in Burlington, Oakville, Toronto, or anywhere in Ontario, our team is committed to providing you with the guidance you need to make informed decisions and keep the process as amicable as possible.
If you’re ready to take the next step in your divorce journey, don’t hesitate to contact Divorce is Simple. We offer both in-person services locally in Burlington and Oakville, as well as online services across Ontario. Let us help you navigate this challenging time with compassion, clarity, and professionalism.
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For specific legal guidance, please consult a qualified family lawyer. This is not intended to be used as advice.
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