August 21, 2019 – Title To Be Determined Prior to Equalization

“For married spouses, the [Family Law] Act provides a comprehensive scheme for resolving financial issues following marriage breakdown.  Section 10(1) of the Act authorizes a court to determine questions of title between spouses.  This includes considering whether legal title actually reflects beneficial ownership.  As indicated by this court in Martin v. Sansome2014 ONCA 14 (CanLII)118 O.R. (3d) 522, at para. 47, citing Rawluk v. Rawluk1990 CanLII 152 (SCC)[1990] 1 S.C.R. 70, “[b]efore property can be equalized under the [Act], a court must first determine the “net family property” of each spouse.  This exercise requires first that all questions of title be settled.”  In other words, property entitlements must be determined before they can be equalized.

Korman v. Korman, 2015 ONCA 578 (CanLII) at 25