- The property statement exists to give the court — and the other spouse — a complete, sworn picture of what you owned and owed on two key dates, so that an equalization figure can be…
- Generally, a married spouse who has made or is responding to a property or equalization claim in a Superior Court of Justice family case needs to complete this kind of statement.
- A property statement of this kind generally asks you to list, with values and supporting documentation: - All property you owned on the date of marriage, and its value at that time - All…
If you're a married spouse involved in an Ontario family court case that includes a property or equalization claim, you'll likely need to complete a sworn financial disclosure document often referred to as Form 13.1, the Family Law Rules' property statement. It's one of the most important — and most commonly rushed — documents in a family law property case.
Court forms and their exact numbering are updated periodically by Ontario's Ministry of the Attorney General, so always confirm you're using the current version from the official Family Law Rules forms before filing. What follows is a plain-language explanation of what a statement of this kind is designed to capture.
What the Form Is For
The property statement exists to give the court — and the other spouse — a complete, sworn picture of what you owned and owed on two key dates, so that an equalization figure can be calculated from verifiable numbers rather than informal claims or guesswork. Because it's sworn, signing it carries the same weight as testifying in court — inaccuracies aren't a paperwork detail to fix quietly later.
Who Needs to File One
Generally, a married spouse who has made or is responding to a property or equalization claim in a Superior Court of Justice family case needs to complete this kind of statement. It typically isn't required in cases that don't involve a property claim, such as a parenting-only or child support-only matter between unmarried parents.
What Information It Requires
A property statement of this kind generally asks you to list, with values and supporting documentation:
- All property you owned on the date of marriage, and its value at that time
- All property you owned on the valuation date (usually separation), and its current value
- All debts owed on both of those dates
- Any property you're claiming should be excluded from equalization, and why
- Details about the matrimonial home specifically, given its special treatment in the calculation
Supporting documents — bank statements, appraisals, pension valuations, and business valuations — are typically expected to back up the figures you swear to.
Two Key Dates You'll Need
The whole document turns on accurately establishing two dates:
- Date of marriage — your net worth on this date generally gets subtracted out of your final net family property figure
- Valuation date — usually the date of separation, and the date your final asset and debt values are measured as of
Getting either date wrong, or misremembering values from years earlier, is one of the most common sources of dispute in a property case.
Common Mistakes to Avoid
- [ ] Estimating values instead of obtaining current statements or professional valuations
- [ ] Forgetting jointly held or out-of-province/out-of-country property
- [ ] Omitting a debt because it feels embarrassing or unrelated to the marriage
- [ ] Failing to update the statement if values change materially before the matter is resolved
- [ ] Claiming an exclusion, like an inheritance, without documentation tracing where the money went
- [ ] Leaving out an asset because ownership feels informal or shared with a family member
After You File
Once filed, your property statement becomes part of the sworn record the other spouse — and, if necessary, the court — relies on. If your circumstances or valuations change meaningfully while the case is ongoing, you're generally expected to update it rather than let it go stale.
Frequently asked questions
Is this the same as the general financial statement used in support cases?
No. Support cases typically use a different financial statement focused on income and expenses, while a property statement of this kind focuses specifically on assets, debts, and values on the two key dates relevant to equalization.
Do I need a lawyer to complete it?
You can complete it yourself, but the form asks for legally significant categorizations — like whether something qualifies as excluded property — that are easy to get wrong without legal guidance, and mistakes can affect your equalization outcome.
What if I can't find records for the date of marriage?
This is a common problem, especially for long marriages. Reconstructing date-of-marriage values from old statements, tax records, or property registry searches is often necessary, and a lawyer can help identify reliable sources.
Do both spouses have to file one?
In a case involving an equalization claim, both spouses typically need to complete and file their own sworn property statement, since the calculation depends on comparing both figures.
How often does it need to be updated?
If a material change happens while the case is ongoing — a valuation comes in, a debt is paid off, an asset is sold — you're generally expected to update your sworn statement rather than let the court and your spouse rely on outdated figures.
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