Note that answers given in this section cannot take the place of a divorce lawyer. For legal advice about your specific situation, you must consult a qualified family lawyer. See our disclaimer.

"How is it determined which of our property is marital and which is separate?"

I assume from the question that by "marital property", you mean property that is subject to division on a relationship breakdown.

In Ontario family law, there is no presumption that parties who are not married but live together will get to share in the value of property held by the other on the breakdown of the relationship. In order for one party to successfully claim an interest in the value of the property held by the other, the party making the claim must show contribution to the acquisition or increase in value of the property. This contribution may take the form of direct financial contribution, such as payment of all or part of the purchase price or payment towards property improvement, or may be indirect, such as contributing services to the upkeep or maintenance of the property. The contribution results in a trust interest being created for the non-titled party, which will enable that party to claim a share in the value of the property upon breakdown of the relationship.

Ken Nathens is a Toronto divorce lawyer and partner in the law firm of Nathens Siegel, a firm that restricts its practice to divorce and family law issues. Ken has experience in all aspects of divorce and family law and devotes much of his time to assisting clients with child-custody and access disputes. He can be reached at (416) 222-6980. View his firm's Divorce Magazine profile.

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