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

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  #11 (permalink)  
Old 07-19-2012, 11:51 AM
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Both daughters were left with me in August 2010 when they were 18 and 15. Not long after the eldest went to live in rez at U of T which she decided to pay for herself, we paid the tuition.

The youngest remained with me full time though visited her mother once a week. I took legal advice to be told that, as my ex had left the family home she gave up 'exclusive possession ' so could not easily force me to sell the house and give her her half of it till the youngest is 18 .

The family of the ex came forward and gave/lent her half of the value of our house and told her to buy a home which she then did. For her second year at uni. my wife suggested that the oldest daughter stay with her and the youngest with me, there has been no child support payments between us, though I only recently found out that the ex was receiving child support for our youngest which she must now repay, but thats another story.

So technically, I suppose that I am the single parent of a now 17 year old daughter and am now looking to finally settle these outstanding matters.
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Old 07-19-2012, 12:53 PM
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Well, who ever gave you that legal advice was, as far as I know, wrong. Yeah, the ex did vacate and thus you could've got an order for exclusive possession if you wanted. But she could've forced the sale or caused you to by her out. But, seeing how you two have worked around it, it is a moot point.

Is your ex paying you c/s for your 17y/o? She should be.....

As for the child in university. Go off what my other post said. You do have to pay and you are unlikely to get her to open up the RRSP's and inheritance without opening a huge can of worms and she will likely come after you for her portion of the house and equalization etc.
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Old 07-19-2012, 01:03 PM
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Quote:
Originally Posted by Henry View Post
The inheritance was left to my wife by a relative 5 years ago. Since our daughters were born , the first 20 years ago, the amount was promised by my wife for our two daughters educations. The amount was $48k. When the time came and the money received, my wife spent some of it on the house some on personal items and kept the rest (approx. $25k) in her own accounts and finally in RRSPs. Our finances were very straightforward, earning similar incomes, we each had our own accounts and a joint one for expenses. The house is paid off and we saved for things like new (second hand) cars etc.

We did not take advantage of the government schemes to save for education as we knew there would be the relatives money coming.

Then things changed and she left, leaving me with (initially) both daughters . My wife then decided that we could pay for university tuition out of our incomes and without much of an alternative, I went along with it for the first year. Now she is asking for my half of tuition again at a time when, as now a single parent, it is not easy. Thank you again for your replies.
She can't ask that the inheritance $$ be excluded from equalization as it was co-mingled when she starting putting it towards family items such as the house etc. She may be able to claim a portion of it if she has a paper trail showing that it was never comingled however not sure if putting it in RRSPs counts as co-mingled.
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Old 07-19-2012, 01:16 PM
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Hammerhead, the ex did come after me for her share of the house over a year ago and my swanky downtown T.O lawyer (in the hour I paid him for) gave his opinion of exclusive possession etc and added that 'she would not find it easy to persuade a judge to force me to sell the house'. I now have a more local and economical, so far, lawyer. Interestingly the ex does not want anything equalized apart from the house. Right or wrong advice or not, her moves were halted and in her sep statement her lawer states that I 'must' pay her off for half of the house when the youngest turns 18 next year.

Please clarify why the ex should be paying me child support if she has a daughter living with her, is it because the one with me is under age?

There does not seem to be an easy answer to my original question concerning the vanishing RRSPs and that a so called family asset can be spirited away.
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Old 07-19-2012, 01:33 PM
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oops sorry...Hammerdad....
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Old 07-19-2012, 01:39 PM
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lol...I like Hammerhead better.
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Old 07-19-2012, 01:58 PM
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lol...I like Hammerhead better.

...not sure if I do......
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Old 07-31-2012, 12:06 PM
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Thank you for your insightful replies to my question. One further point, in your opinions should I (respectfully) confront my ex asking her to explain the vanishing RRSP's or make a note in my financial statement and leave it to the lawyers review.
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