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Rights to spousal inheritance

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  • 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?

  • #2
    your spouse's equity is not protected; you are both entitled to equal division of the matrimonial home.

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    • #3
      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.

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      • #4
        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.

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