V-day

[wantmyfreedom]

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?

[arabian]

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.

[arabian]

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.

[Berner_Faith]

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.

[wantmyfreedom]

Thank you for taking the time out to source out these cases.

Much appreciated.

[stripes]

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)?

[wantmyfreedom]

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.

[arabian]

I believe you answered your own question then.

His opinion matters little as you have documentation to prove otherwise.

[Berner_Faith]

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.

[OntarioMomma]

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

[arabian]

Well it sounds like you are starting on the next phase of your life. Hope things go smoothly for you and you can get through everything in a relatively short period of time.

Keep in mind that one's assets/equity can quickly be eaten up by lawyer's fees. Sometimes it makes good sense to concede on some matters.

[wantmyfreedom]

The lawyer's fees are unreal.

I have attached my income tax papers to my financials but he has conveniently attached his pay stubs instead of his tax info.

Is there any way I can ask the judge to order this disclosure. The ex is being very difficult with respect to any disclosure.

[arabian]

did you say in an earlier post that you filed taxes together? Did you not keep a copy of his tax return?

Yes you certainly are within your rights to request full financial disclosure. Every time you go to court for this sort of thing make sure your lawyer requests costs. A simple letter from your lawyer to his lawyer requesting full financial disclosure along with, but not limited to, tax returns for past 4 years would suffice. Lawyer should give opposing counsel 10 days to produce and say if he doesn't comply he will seek costs.

Keep an eye on your lawyer's bills (make sure you get detailed bill each month) to ensure your lawyer is making good use of time.

[wantmyfreedom]

Looking at this situation in retrospect I feel foolish. After we officially separated I threw out all his junk that he left behind. I just didn't want any reminders of the past hanging around. DUMB MOVE!!!!!!

I threw out photgraphs and paperwork. These items would have been priceless during litigation. I had no idea that he would move up the v-day.

I phoned our former accountant but he wont release his returns because of privacy laws. Understood. I feel like such an idiot! However the accountant did say that on my return it states I am married and the ex appears as my spouse. I hope that is enough to convince a judge to make said order.

[stripes]

However the accountant did say that on my return it states I am married and the ex appears as my spouse. I hope that is enough to convince a judge to make said order.

Well, it sounds like that's all you need. If you and the ex were filing as married up to this year, then either

a) you separated in 2007, and you and the ex have been deceiving CRA for seven years for no apparent reason

Or

b) you separated in 2014, and the ex is trying to move the valuation date back so he doesn't have to pay as much to buy you out.

I would say the evidence points to a. Don't stress about this one - it's a no-brainer.