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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 09-17-2012, 12:29 PM
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Default Assets outside of Canada - help

How about property outside of Canada – it will be divided too?
My spouse has a condominium in Europe. Can I claim this condo in my divorce papers (SA) in Ontario?
Please help!
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Old 09-17-2012, 12:40 PM
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It does not matter where it is.

So yes, you have some claim on it, probably.

When did your spouse buy it? Before marriage, after marriage?

Has it gone up in value since they purchased it?

Where did the money come from that purchased it?

Did you go there? How often?
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Old 09-17-2012, 12:56 PM
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She owns this condo before our marriage and move in to my own house in Ontario. Now she wants her part of (my) matrimonial home. Do I have any rights to her condo in Europe?
Yes, the value of this condo is higher now and is about equal to value of our house in Ontario.
I am not planing to go there this year.
Thanks for any help
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Old 09-17-2012, 01:08 PM
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How often did you go there while you were married?

Basically, second homes (like cottages) can be considered also the matrimonial home and subject to an equal split. I am not sure of the definition, but have read here about it.

If it not considered a matrimonial home, you are probably entitled to half of the value it increased while you were married.

If you are saying that you both owned homes when you married, but only lived in yours, it seems fair (and hopefully the law will back you up) that both are considered matrimonial homes and you each get half of their value.
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Old 09-17-2012, 01:20 PM
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...thanks for the hope…perhaps I will be not completely screw.

I travel to Europe about once per year - or less. Her son stays/leaves there for now temporary because was not ocupied. Also, for the first year I paid all tax and condo fees - I transferred money from my account.
Thanks.
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Old 09-17-2012, 02:05 PM
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...any more comments on this subject? any lawyers in this portal?
Thanks in advance.
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Old 09-17-2012, 02:18 PM
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did you or your spouse inform CRA about that property? I believe you have to do it if it more that price is more than $100 000.
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Old 09-17-2012, 02:52 PM
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CRA? - no needed!
-Condo in EU - less than 100K (but almost)
-House in Ontario - equity (value minus mortgage) about 100-110K.
So, the diff. is Minor.
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