I Earned the Money but the RRSP and TFSA Are in His Name — Can I Get It Back Based on What I Contributed? | Chinese-Speaking Divorce Lawyer in Richmond Hill

No. For married spouses, property isn’t divided by who paid — it’s equalized. An RRSP or TFSA in his name on separation day is his property, counted at market value. Even if you contributed 80%, equalization gives you half.

1. Marriage Doesn’t Divide by Contribution

Many people assume whoever paid more gets more. That’s wrong — that’s the unmarried-partner logic.

Married spouses equalize net family property: what each owned and owed on separation day goes into the calculation, and the one with more pays half the difference.

Contribution ratios have no place in that formula.

2. In His Name Means It’s His

An RRSP or TFSA in his name on separation day is his net family property, counted at market value.

The money you transferred became his property the moment it landed in his account. Contributing isn’t owning.

You put in 80% and he put in 20% — at equalization you still get half. The other half was legally his all along.

3. When You Can Get More

A written agreement says otherwise: a prenup or separation agreement with clear terms governs.

You can prove it was a loan: a loan agreement, repayment terms, acknowledged by both sides — that’s a debt claim, separate from equalization.

“I paid more” alone isn’t enough.

What to Do

Stop putting money in the other party’s name. Save in your own.

Document transfers: note whether it’s a loan or a gift, so there’s no argument later.

If they offer “10% extra,” calculate what 50% actually is before you negotiate — don’t let the framing fool you.

What’s already in their name: accept equalization and move on. Don’t burn legal fees chasing a proportional return.

FAQs

1. I transferred the money — I have the records. Does that prove it’s mine?

The records prove you transferred it, not that the account is yours. In his name means his. Unless you can prove it was a loan — written agreement, repayment terms — in which case it’s a debt claim.

2. Should I stop putting money in his name?

Yes. Save in your own name. If it must go in theirs, document it as a loan, in writing.

3. How are RRSPs and TFSAs valued at equalization?

Both count at their separation-day market value in his net family property. TFSA withdrawals aren’t taxed; RRSP withdrawals are taxed to whoever withdraws — negotiate that point.

This article is general legal information, not legal advice, and does not create a lawyer-client relationship.