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up to 2 years to ask for assets after divorce

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  • up to 2 years to ask for assets after divorce

    Does anyone know of a case where an ex spouse comes back a year later asking for half the value of the marital home?

    My divorce is final. My ex husband signed the deed of the house over to me as per our separation agreement. In exchange for this I walked away from all his pension. The house is worth more than his pension. My ex husband was okay with that because neither of us wanted to go through the expense or process of pension valuations and lawyer fees. Also he told me he wanted me to keep the house so the kids could grow up here. He didn't want me to sell to buy him out.

    Now he says I threatened to take the kids from him if he didn't sign the house over to me. That is a complete lie. He says he is renting a small home and the children have a higher standard of living with me. It is true that my home is nicer than his rental but is that a reason for the judge to order me to pay him money?

    Should I worry that I owe him money because it wasn't a complete perfect 50/50 split of assets when we split or should I be confident I have nothing to worry about because he signed a separation agreement and then he signed the deed over to me afterwards so it's a done deal.

    Has anyone ever heard of this before? I'm completely blown away.

  • #2
    It does seem like he is grasping at straws.

    Did you both have independent legal advice on the separation agreement?

    Comment


    • #3
      Yes. There is even a line at the end of the agreement that says we both sought independent legal advice.

      He told me he spoke to a lawyer over the phone via his employment assistance plan and I paid someone $300 to look over the agreement after I did it up myself.

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      • #4
        I've heard about similar things happening as soon as one person re-partners...

        Does he pay child and spousal support? Do you exchange your financial information on a timely yearly basis?

        I would think that the only basis he might have to drag you to court over this is if there is evidence that you withheld full financial disclosure at the time of the separation agreement being endorsed.

        People change their minds frequently after divorce. Kind of like a "buyer's remorse" sort of thing - they regret the legal agreements they made at time of separation. I'm divorced from someone like that.

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        • #5
          Originally posted by twokids View Post
          Yes. There is even a line at the end of the agreement that says we both sought independent legal advice.

          He told me he spoke to a lawyer over the phone via his employment assistance plan and I paid someone $300 to look over the agreement after I did it up myself.
          If you both had independent legal advice, and there is a certificate of Independant Legal Advice in the separation agreement, and a judge has reviewed and approved it is pretty much set in stone, barring a material change in circumstance which might affect support.

          In terms of assets, once it is split, it is split, unless he can somehow prove something like coersion or that he wasn't mentally capable.

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          • #6
            Just curious ... are you referring to CPP, or some other pension?

            If not CPP, then his CPP is something else that you have walked away from, that might tip the scales in his favour (and shut him up). Especially since he can apply to receive a share of YOUR CPP.

            As said before, unless he can show that financial disclosure was incomplete or incorrect, then he probably has no case, though it might not stop him from trying.

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            • #7
              Yes we share financial disclosure every year. He pays me support and we look at each other's notice of assessment in order to review each other's proportionate share of extraordinary expenses.

              DINKYFACE - you asked about the pension. No I am not referring to CPP. I'm referring to his employment pension.

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