Under the Family Law Act, Ontario legislation, you have until the first of the following to commence a court action for the division of property:
- Two years after your marriage is terminated by a divorce judgment or judgment of nullity;
- Six years from the date of separation with no prospect of reconciliation; or
- Six months after your spouse’s death.
A recent court decision also clarified the following:
- In terms of unjust enrichment, if a constructive trust remedy or equitable claim is claimed with respect to real property, then a 10-year limitation period under the Real Property Limitations Act will apply.
It is imperative that you retain a legal representative as soon as possible to ensure your matter is dealt with appropriately and in a timely fashion, and most importantly, before the expiration of the above limitation periods.
Additionally, I strongly recommend that you also take steps to prepare a new Will & Power of Attorney, as well as change the beneficiary designation on any life insurance policy(ies) or RRSPs that you own as soon as possible.