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  • separation agreement

    Hi I need some advice, My ex wants to sell the house and wants part of pension. I tried twice to get a agreement done through a lawyer but she wouldn't sign . It cost me around 5000 in lawyer fees she can't afford a lawyer. I had a valuation done on my pension and it is around 184000 what percentage is she entilted too. she is also saying that any profits from the sale of the house will not be split 50/50 because of the difference in our incomes. I make around 60000 and she makes around 10000. The CCP pension credit split has already been done. She wants me and her get together and try to work out agreement and then go to the lawyers.

  • #2
    You need to value the pension at marriage date and separation date. You only give her half of the increase during the marriage.

    For the house you each get of the equity (value less mortgage) at separation date.

    That is a simple answer. Do a search on equalization of family property and spend some reading up on this.

    Your incomes have nothing to with property division although spousal support might be another story.

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    • #3
      Things like the length of marriage (as well as whether you were married or just common law), whether there are children involved, etc will all play a part.

      Equalization of the home is part of the whole. Family Assets (house, cars, RRSP, Pensions, etc) - Net Family Debt (Mortgage, joint lines of credit, etc) = Net Family Income /2 = each person's share.

      You CAN do things like offer them a larger portion of the home equity in exchange for leaving your pension alone, etc. Really whatever works best for you. If you DO wind up having to handle the pension, make sure any fees associated with moving her amount out are also taken into account as part of the joint debts.

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      • #4
        defending a petition for divorce

        I sent my wife a petition for divorce, she is now defending this petition what does this mean.

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        • #5
          I have to just add something here - even as a newbee the issue of divorce is no fault and there are only three reasons one can get a divorce. It is not possible for someone to not accept your application for divorce as long as one of the three reasons have been fullfilled.

          As I have read the vast majority use the seperation for 1 year as the indication that the marriage has indeed ended. Just sounds like the delays your wife is playing is for a reason to which you may already know but do not indicate. You should be hesitant to spend that much money on a lawyer when your wife self represents - costing her nothing! I also think your lawyer is TAKING you for your money....... a good lawyer would not continue to bill his or her client to the tune of what you are claiming under the conditions you find yourself in. Your lawyer should be paid for the good advice he has to offer re obtaining a fair seperation agreement bbut also he should be mitigating your billing. That is a good lawyer can get a simple seperation agreement for far less than you find yourself paying.

          So simple - you make more than your lawyer per billable hour which makes his fees a good deal for you. You are not using your head and getting this done by finding out what your wife really wants. Finally like all of us - do some reasearch on the basics - You will find your answers.

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