Ontario family court form

Ontario Form 13B: Net Family Property Statement

Form 13B sets out both spouses' net family property side by side for an equalization claim under the Family Law Act. This guide covers how the form works, when it is served, the mistakes that undermine it, and how Divo prepares a draft from approved figures.

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Official version Divo uses: May 2009
Rules: Family Law Rules, O. Reg. 114/99; Family Law Act, ss. 4 and 5
Shows: Both spouses' figures, as the serving party calculates them
Divo package: Property and support: Forms 13.1, 13A, 13B and 13C

What Form 13B is and when it's used

Under section 5 of the Family Law Act, when spouses separate, the spouse with the smaller net family property is entitled to one-half the difference between the two. Form 13B is the statement each party serves to show how they calculate that difference.

The form fills in columns for both spouses and works through four tables, listed in the order of the categories in the financial statement:

Table 1. The value of assets owned on the valuation date.
Table 2. The value of debts and liabilities on the valuation date.
Table 3. The net value, on the date of marriage, of property other than a matrimonial home.
Table 4. The value of property excluded under subsection 4(2) of the Family Law Act.

Total 5 adds Tables 2, 3 and 4. Total 6, net family property, is Table 1 minus Total 5. If a spouse's result is below zero, the Family Law Act deems that spouse's net family property to be zero (s. 4(5)).

Who serves and files it, and when

In a case with a property claim, the Family Law Rules require each party to serve and file a net family property statement, with deadlines tied to the settlement conference and the trial.

Once both parties have exchanged their Form 13B statements, the comparison in Form 13C is prepared from them.

Because the figures come from the parties' Form 13.1 financial statements, a 13B is only as current as those statements. When a 13.1 is updated, check the 13B against it.

Documents that feed it

Divo builds the 13B from the property documents it asks for in a property and support package:

Valuation-date asset records. Bank, investment, real estate, vehicle, insurance, pension and business records.
Valuation-date debt records. Statements for every debt and liability on the valuation date.
Marriage-date assets and debts. Where a deduction is claimed; the spouse claiming it has to prove it.
Exclusion and tracing evidence. Inheritances, gifts and insurance proceeds, and the records that trace them to valuation-date property.
Pension or business valuation material. For assets whose value needs more than a statement balance.
Both spouses' financial statements. Your client's Form 13.1 and the other spouse's statement and disclosure, for their column.

Common mistakes that undermine a Form 13B

Figures that don't match the 13.1. Each line should trace back to the party's sworn Form 13.1. A 13B built from a spreadsheet that has drifted from the sworn statement is easy to attack.
Deducting the matrimonial home at the date of marriage. Table 3 covers property other than a matrimonial home.
Exclusions that don't fit subsection 4(2), or can't be traced. Table 4 covers property excluded under s. 4(2), such as gifts or inheritances from a third person after marriage (other than a matrimonial home). The spouse claiming an exclusion has to prove it (s. 4(3)).
A valuation date that differs between documents. The 13B, the 13.1 and the equalization calculation have to use the same date.
Carrying a negative result through. A spouse whose net family property calculates below zero is deemed to have zero. Using the negative number can overstate the equalization payment.
Categories out of order. The form asks for items in the order of the categories in the financial statement, which is also how the other side will check them.

How Divo prepares a draft Form 13B

Form 13B is in Divo's property and support package with Forms 13.1, 13A and 13C, drafted on the official May 2009 version.

Open the matter from Clio (Canada region), from Actionstep through your firm's own Zapier account, or from Dropbox or Box, or upload the documents.
AI reads the property, debt and exclusion records and extracts each spouse's items at the valuation date and the date of marriage. Each value is linked to the document and page it came from.
A lawyer or clerk reviews the extracted facts. Values that match their source can be approved together; conflicts between documents, and missing values, are flagged for a person to resolve.
Deterministic code, not AI, calculates each spouse's net family property and the equalization payment from the approved facts.
Divo prepares the 13B draft for lawyer review from the same approved facts as the 13.1, and can send it back to the Clio matter or your firm's Dropbox or Box. Divo files nothing.

The official form

Ontario publishes the Family Law Rules forms on the Ontario Court Forms site. Check the version date printed on a form before you file it.

Frequently asked questions

Who fills in the other spouse's column?

Each party's Form 13B shows both spouses' figures as that party calculates them. Your client's figures come from their own disclosure, and the other spouse's from that spouse's financial statement and disclosure. Where the two parties' statements disagree, Form 13C sets the positions side by side.

Can a spouse's net family property be negative?

Not for equalization. Section 4(5) of the Family Law Act deems a net family property below zero to be zero.

Is a matrimonial home owned before the marriage deductible?

No. The date-of-marriage deduction in Table 3 covers property other than a matrimonial home, and the exclusion for gifts and inheritances under s. 4(2) does not apply to a matrimonial home either.

How does Form 13B relate to Form 13C?

Once both parties have exchanged Form 13B statements, Form 13C compares them item by item: jointly if the parties can agree on it, separately if they cannot.

Last reviewed: October 19, 2026

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Net family property from approved facts

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