Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 04-12-2006, 10:01 AM
Junior Member
 
Join Date: Apr 2006
Posts: 15
buddaballs is on a distinguished road
Default Rights to spousal inheritance

When I was married, my spouce wated to share everything from the point of marriage onward. He did not want to merge everything.

However, I stand to inherit a substantial amount of money in the future. Since this will occur after we are married, I assume it will have to be split.

I assume if I purchase property with this money, it it up for grabs. I donnot find this fair as my spouce was protected with regards to his equity but now that we are married everyhting will be split. Is there anyway I can protect myself???

Is everythign split despite whoes name is on what?
Reply With Quote
  #2 (permalink)  
Old 04-12-2006, 10:38 AM
Senior Member
 
Join Date: Dec 2005
Posts: 231
god knows the truth will become famous soon enough
Default

your spouse's equity is not protected; you are both entitled to equal division of the matrimonial home.
Reply With Quote
  #3 (permalink)  
Old 04-12-2006, 10:41 AM
Senior Member
 
Join Date: Oct 2005
Posts: 816
Grace has a spectacular aura aboutGrace has a spectacular aura about
Default

The Family Law Act states that certain types of property are to be excluded in the calculation. These properties are basically gifts or inheritances from a person other than ones spouse. Also excluded is property other than the matrimonial home that was obtained with excluded property. Therefore, if an inheritance is spent on a vacation or used to pay down the mortgage on the matrimonial home, the inheritance is not excluded in the calculation, whereas if the inheritance is put in the bank, it is excluded.
Reply With Quote
  #4 (permalink)  
Old 04-12-2006, 01:26 PM
GGG GGG is offline
Member
 
Join Date: Apr 2006
Posts: 36
GGG is on a distinguished road
Default

Do not put inheritance money into a joint bank account. If you do, it will be considered marital money and will be part of the equalization payment. It must be your account (RRSP's, GIC's etc.) only. You have to be able to trace the inheritance money to your name only.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -4. The time now is 02:34 AM.