Your assets, your rights, preserved.
Not all property is subject to equal division after separation. Under the Family Law Act , certain assets qualify as excluded property, meaning it generally remains with the original owner rather than being divided between spouses.
Common types of excluded property include:
- Assets owned before the relationship
- Gifts or inheritances received during the relationship
- Court awards or personal injury settlements
- Property held in trust for a third party
While the original value of excluded property is protected, any increase in its value during the relationship may be treated as family property and subject to division. This makes property tracing essential, particularly when assets have been mixed with joint property or used for shared purposes.
How we can help:
- Identifying and protecting excluded property
- Using tracing methods to separate excluded from family property
- Resolving disputes involving gifts, inheritances, or pre-relationship assets
- Defending against or pursuing claims of unfairness and reapportionment of property
Dividing property fairly requires a careful understanding of both the law and your unique financial situation. We provide strategic advice and skilled representation to protect your rights and ensure that your excluded property is recognized and preserved.
