Limitation Periods in Family Law

When spouses separate there are applicable limitation periods in family law. A limitation period is a legally specified period beyond which an action may be defeated and/or a property right extinguished.

For instance, in Ontario there are limitation periods relating to claims against property that are dependent on whether you and your partner married or not.

For married parties who seek to equalize their net family properties the relevant limitation period is the earliest of the following:

1. Six years after the parties’ date of separation;
2. Two years after a divorce has been granted; or,
3. Six months after the first spouse’s death.

For common-law parties (who are not eligible to equalize their respective net family properties in Ontario) or married persons (where trust claims are available to them), different limitation periods are applicable depending on the following:

1. Where an interest in land through a constructive trust is sought, there is a 10-year limitation period from discovery of the claim.
2. Where monetary compensation only is sought, there is a two-year limitation period from discovery of the claim.
3. Where a a constructive trust in an asset other than land (ex: RRSP, corporate shares, or pension) is sought, there is a two-year limitation period from discovery of the claim.

The date of discoverability is typically the parties’ date of separation

The limitation periods in this article relate specifically to claims against different property claims and not other types of claims, such as claims relating to support (either child or spousal).

For more information about limitation periods or trust claims, please contact the experienced family lawyers at Krol & Krol by calling 905.707.3370.