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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 08-20-2006, 02:17 PM
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Question Property questions on behalf of my gf

Hi all,
these are a few questions I am asking on behalf of my girlfriend. She is currently divorced, however she is in the process of doing the settlement agreement. She has been told three different opinions from separate lawyers about the division of the house they lived in for 5 years of marriage in Ontario. She was told by two of the lawyers that she has entitlement to the entire house, where as the other lawyer has told her she is entitled to the house's appreciation during the five years of marriage. The house is in his name and he had owned it prior to their marriage.
The other question is that she is having a really tough time finding out where he has stashed all the money that had previously. He has told her that he lent it to his family and doesn't have their savings anymore. What is the best way to find out what he has actually done with his money?
I am trying to help her get through these tough times, so any information is greatly appreciated.
thanks so much,
tort
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Old 08-27-2006, 09:45 PM
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Hi tort,

Welcome to the fourms.

Your girlfriend is automatically entitled to 50% of her husband's property, no matter who was on title before marriage and who was on title at the date of separation.

As for the joint assets, your wife should be able to contact the bank to see what they have on file as far as account activity. They obviously won't be able to tell her where her husband spend his cash money, but they will be able to detect any bank transfers, Internet transfers, etc. Her husband cannot simply remove her from the joint account -- her permission must be given, so she should have access to all of the account details. Regardless of how or where the husband spent all of their savings, she is still entitled to half of the parties' assets at the date of separation. So, most importantly, she should at the very least find out what the value of all of the joint accounts were at the date of separation. These values will be included in the calculation of the parties' net family property and an equalization payment owing to your girlfriend will be generated. A court would likely order the husband to reimburse your girlfriend with half of the funds that were spent from the joint accounts.

Please visit Jeffrey's page on Ontario property divorce laws for more info. I hope this helps.

Lindsay
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