Property division - assets outside of Canada

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Anonymous Asked:

My husband and I got married in Sarnia Ontario. We have lived in the United States for one year. I purchased our matrimonial home In the USA before we got married. When we get a divorce in Ontario, does Ontario have the jurisdiction to split our property that is located outside of Canada?

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A Family Lawyer

6 years ago

You are not permitted to file an application for divorce in Ontario unless you have lived there for one year prior to the commencement of the divorce proceeding. Instead, the State, in USA, may legally recognize your marriage and hear your divorce, property and any other legal issues to be determined pursuant to a court order. It is not the case that you must return to the jurisdiction of your marriage in order to obtain a divorce order and address other issues.

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