Is he entitled to half of the capital gains?

Legally married persons are entitled to an “equalization of Net Family Property” under the Family Law Act. This is the process used to divide property of both spouses upon their separation. The date of valuation that is used to make these determinations is the date of separation. As a technical answer any property or debts acquired by either spouse after the date of separation is the sole property or debt of that spouse.

I do have a few questions for you, such as whether you are divorced, whether there is a signed Separation Agreement or Court Order, or whether there is pending litigation. This all relates to whether either spouse is even allowed to claim against one and another given the applicable limitation period. I recommend that you call me at 877-668-9386 for a free consultation so that I may ask you a few questions and provide you with more refined guidance.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Douglas Briand for a free consultation).