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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 01-27-2009, 07:34 AM
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I found this site some time ago it is the Limitations of claim on different areas
http://www.practicepro.ca/Practice/P...tionsChart.pdf

Hope it helps you out
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Old 01-27-2009, 12:44 PM
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Thank you, everyone! Your answers have been a big help. Being in pre-law myself, my understand of the Limitations Act is that a smart lawyer could argue a 15 year limitation as opposed to 6 year based on incapacity, however, that would not necessarily work, because of the fact he has been taking care of himself and his own finances for 10 years. I believe his wife tried to have him declared unfit to handle his cash because of his joint accounts with her and also a joint account he had with their oldest son (my fiance). He kept removing money from both and telling everyone he was broke, which we now know, based on a burden of proof, was a lie. I'm fairly certain he was declared fit to handle his money, or the lawyer she retained advised her that her husband would be declared fit. He's an intelligent man and has complete control over himself, he is suffering from PTSD induced paranoid schizophrenia that has caused him to believe the government is watching him and that everyone is after his money.

There is a slim chance he might be entitled to the equity at the time of seperation if he is declared incapable during the limitation period. However, if he is declared incapable, he would be required to have a power of attourney granted which I am quite certain he'd refuse. As of right now, there is no legal action being taken, so it's a big weight off of our collective chests. Thank you everyone for your help. You have no idea how much this family appreciates it.
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