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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 04-23-2014, 05:30 PM
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Hello, I'm new here. The dispute in my case is primarily the valuation date.

We moved into our new home in 2007. We were estranged on and off throughout our marriage. It was a rocky one, thats for sure.

Ex moved out late 2007 but also moved back in a few months later. He's stuck on this date for valuation.

Actually he slept in the home half the week. He worked long hours (double shifts) most of the week. He claimed the commute was too much for him. On those nights he chose to stay "in the city".

So here comes the real separation now in 2014. He is claiming that we separated in 2007 which is false, likely to avoid being fair with equalization.

How can I prove my valuation date in court?
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Old 04-23-2014, 06:19 PM
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I believe the main case which has been used often to argue the determination of separation date is Oswell https://www.canlii.org/en/on/onsc/do...9zd2VsbAAAAAAB.
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Old 04-23-2014, 06:28 PM
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This is another case which is more recent:

https://www.canlii.org/en/on/onsc/do...IGRhdGUAAAAAAQ

You can look up other cases by typing in CanLii.org and then going to the Province, etc.
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Old 04-23-2014, 06:30 PM
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When did you stop doing things as a couple? When were bank accounts separated? When was car insurance separated? When did one party stop contributing to the mortgage?

If this is all just happening now, let him try to prove the separation date was in 2007.
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Old 04-23-2014, 06:47 PM
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Thank you for taking the time out to source out these cases.

Much appreciated.
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Old 04-23-2014, 07:01 PM
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So he's been sleeping in the home half the week for seven years - yet in 2014 is claiming the date of separation was in 2007? That does not compute. There are other means of establishing a date of separation besides who spends the night where which may be more useful. In addition to B-F's suggestions, you may want to consider: Have either of you ever filed your taxes as "separated" rather than "married"? If so, in what year? When did the ex (or you) begin reporting a different address as your residence (for credit card bills, employment, health insurance, etc)?
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Old 04-23-2014, 09:48 PM
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Well on the days that he was here it was business as usual. We did everything together. We gardened and hung out with our kids. We entertained friends etc.

We both filed our taxes together with our accountant as married right up until 2014. Car insurance, banking, and driver's license reflects same. We also shared a spousal credit card account and he stopped paying the balance this year.

We stopped having "relations" in late 2012 because he disclosed he was having an affair. I went to my doctor and had myself screened for std's. We were trying to "make it work" but I decided to officially walk away this year.
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Old 04-23-2014, 10:42 PM
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I believe you answered your own question then.

His opinion matters little as you have documentation to prove otherwise.
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Old 04-24-2014, 06:15 AM
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Quote:
Originally Posted by arabian View Post
I believe you answered your own question then.

His opinion matters little as you have documentation to prove otherwise.
Exactly. You don't have to prove anything as you have documentation to show otherwise. Let him try to prove that you were separated in 2007 and explain why you filed your taxes as married.
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Old 04-24-2014, 09:17 AM
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Quote:
Originally Posted by arabian View Post
I believe you answered your own question then.

His opinion matters little as you have documentation to prove otherwise.
Agreed. Unless he wants to explain to the judge why he lied to CRA lol
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