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Disposition Cost Issues
There are costs to converting property to cash. For instance, there may be tax consequences for cashing in RRSPs, and real estate commissions for selling property. Often the costs of converting property to cash are unclear, and thus are in dispute.

Gifts and Loans
In many cases, a couple has received money from their parents or other family members. When they separate, they dispute whether the money was a gift, or whether it is a loan that needs to be paid back. Often, this is complicated by the fact that family financial transactions are not as formal as ordinary financial transactions.

Ownership Issues
Who owns what property can play an important role in the division of property. For instance, a home can increase in value tremendously between the time the parties separate, and the time that the property is divided. If the home is in the name of one spouse only, then that spouse gets the entire benefit of the increase in value. By arguing that the other spouse has a constructive trust interest in the home, we have been successful in getting that increase in value shared with the other spouse.

Property Divided So Children Could Remain in Matrimonial Home
In one case, Behrendt Law Chambers' client moved out of the matrimonial home. His wife wanted to stay in the home with their children, to minimise the negative impact of the divorce on their children. The house and the mortgage were in both our client's and his wife's name. The only way they could have paid off the mortgage would have been to sell the home, which they didn't want to do. At the same time, we insisted that our client not be responsible for the mortgage. They worked out an agreement in which Our client's wife obtained a new mortgage in her name, and used the funds to pay off the joint mortgage.

Bitter Child Custody Battles
Behrendt Law Chambers has represented many parents in bitter child custody battles.

Bitter Child Custody Dispute Over Infant
A client came to Behrendt Law Chambers when his wife left home with their nine-month-old daughter. Communication between him and his wife had broken down completely. His wife wanted sole custody and was willing to let him see his daughter only three times per week, and then for only two to three hours per visit. We successfully won joint custody for his client and access with his daughter three full days per week.

In another dispute, all communication between the parents of a 10 year old and 7 year old broke down. As well, the wife had charged Behrendt Law Chambers' client with assault. Despite this, we obtained joint custody for our client. As well, the mother wanted to move the children from a French-language school to an English-language school. We ensured that the children were able to continue in the same French-language school they had been in.

Obtained Spousal Support
A client came to Behrendt Law Chambers to represent her in a divorce against her self-employed husband. Her husband refused to pay her spousal support, claiming that his business was not earning much money. We managed to show that his business was earning more than he claimed and obtained spousal support for his client.

Continued at how we can help you.