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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 06-15-2017, 04:55 PM
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Default Can I ask for interest on my outstanding equalization amounts?

Just what the title says.... just to incentivize things to move along.
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Old 06-16-2017, 10:22 AM
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You can ask for anything but, will you get it is the better question...
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Old 06-20-2017, 03:45 PM
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You can ask for anything but, will you get it is the better question...
Seems like I should. Its called prejudgment interest.

https://www.attorneygeneral.jus.gov....erestrates.php

https://www.canlii.org/en/on/onsc/do...&resultIndex=1

https://www.canlii.org/en/on/onca/do...&resultIndex=2

Last edited by plainNamedDad44; 06-20-2017 at 03:49 PM.
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Old 06-21-2017, 11:59 AM
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Always as for pre and post judgment interest on anything that involves money. It is fairly standard.
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Old 06-21-2017, 02:27 PM
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Always as for pre and post judgment interest on anything that involves money. It is fairly standard.
Thanks HD, I think what I'll do is short motion to have my pleadings amended with pre and post judgement interest on equalized amounts. I will also seek retro CS on same motion.

I will make submissions that I had no idea that the process would take as long as it has and show that there has been a clear case of unjust enrichment.

Sound reasonable ?

as always thank you

PND
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Old 06-21-2017, 02:45 PM
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Quote:
Originally Posted by plainNamedDad44 View Post
Thanks HD, I think what I'll do is short motion to have my pleadings amended with pre and post judgement interest on equalized amounts. I will also seek retro CS on same motion.

I will make submissions that I had no idea that the process would take as long as it has and show that there has been a clear case of unjust enrichment.

Sound reasonable ?

as always thank you

PND
Actually, I wouldn't include pre-judgment interest now that I think about it. Generally that is for monetary claims for matters like loans, mortgages. Equalization isn't a settled matter or known sum. But asking for post judgment interest would be fine. It may be that it will actually encourage the person who owes to actually pay.
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Old 06-21-2017, 03:17 PM
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Quote:
Originally Posted by HammerDad View Post
Actually, I wouldn't include pre-judgment interest now that I think about it. Generally that is for monetary claims for matters like loans, mortgages. Equalization isn't a settled matter or known sum. But asking for post judgment interest would be fine. It may be that it will actually encourage the person who owes to actually pay.
The money STBX owes is from an investment property acquired during the marriage. It was put in STBX's name for tax reasons. Since the date of separtion, she has been exclusively collecting rents and making income with my portion of it for nothing, i.e. no cost of funds.

Is this not unjust enrichment ?
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