Debt incurred after separation

[Shamrock]

Need help please:
My ex-wife and I are separated since last year. We have 2 children (boy & girl). The children live with me since my ex-wife has a travelling job and she visits them when she is in town. I have a CS issue with her as well but I know how to go about that. My issue is: she increased a loan we had together AFTER the separation without my knockledge. We sold the house and I paid off all the debts including the loan. She was asked by my lawyer to pay back the portion of the loan she took but she never did. I also asked her several times - no action. I am planning to file a montion in regards to the CS issue and would like to address the debt issue as well. I am representing myself and from what I have re-searched I am pretty confident to put the motion for CS together. Regarding the loan issue, how do I go about this and what form to I use? Would it be form 26 - Statement of money owed? I would appreciate your input and advise.

[sahibjee]

you can try, i am not sure what the court is going to do, it may end to being a civil suit against her.

[OrleansLawyer]

I would be attempted to address it as a part of equalization, if your assets have not yet been equalized.

A cautionary tale that parties should sever their finances at separation.

[Shamrock]

Thanks for the answers: I was told before it might be a civil case. The equalization and sorting out of money, assets etc. was done before the separation agreement was signed. The loan got in as combined debt. I paid all the debt like : mortgage, loans, taxes, both parties credit cards etc. What was left over after house sold I was awarded and it was not very much, enough to buy a small house for me to live with the children. She kept her paid off car and her parents cottage (which was an inheritance) and of course some of the furnitures and personal belongings. The increased portion of the loan should of been paid by her but never was. I had to pay everything off and could not tell the loan institute to get it from her. The lawyer was instructed to pay all the debt from the proceed of the house including the unpaid monthly payments on her credit card, which she was to pay between the separation and the sale of the house - and never did. I was the principal cardholder so I got stuck with that too. Do you know who would be able to tell me if this has to be delt with in a civil court?

[OrleansLawyer]

Do you know who would be able to tell me if this has to be delt with in a civil court?

Contact the Lawyer Referral Service for a free half hour consultation. You will be advised as to what channels you should pursue.

[Shamrock]

Thanks, I'll try that - appreciate the tip

[Shamrock]

Just to let you know: I have an appointment next week to talk to a lawyer, but I was told a few things: You are on the right track, it most likely have to be at the Supreme Court (civil) and there also might be a chance to combine my CS issue with the claim for money. I will know more after I speak to the lawyer and will let you know for future info's to others.

[OrleansLawyer]

Supreme Court (civil)

A minor point - it is called the Superior Court.

[Shamrock]

thanks - it may not be so minor when you do the paperwork - thanks again

[Tayken]

My issue is: she increased a loan we had together AFTER the separation without my knowledge.

To increase the size of a debt leveraged against a joint owned property (matrimonial home) it requires all involved parties on title to do so. If you were on title, then your issue is with the bank that violated long standing policy set forth by a number of provincial and federal governing bodies. Your issue is with the bank and not the other parent technically (my opinion). You can raise the issue with the bank's Ombudsman office and provide them all the cogent and relevant evidence to the fact that they extended a loan that was in both parties names without your consent or order of the court.

Banks are notorious for making financial decisions on jointly owned property, dispensing private and confidential customer information, and acting on jointly owned financial assets, even if matters are before the court, without the consent of the other party/title holder/account holder/etc...

There should be some notification system to financial institutes that when a parties are in "separation mode" that reports to them, flags all accounts in possession of these accounts require written consent from both parties/customers and to act with caution when executing anything financially other than the closing of accounts and paying off debt.

If you have counsel and are negotiating a separation agreement it may be a good idea for you to have your counsel notify all the financial institutes (direct to the branch) for which you hold joint accounts notifying them that no execution on any account other than the payment of debt or closing of empty accounts should be executed without the written consent of both parties to the matter or an order of the court explicitly stating otherwise.

Good Luck!
Tayken

[Rioe]

Banks are notorious for making financial decisions on jointly owned property, dispensing private and confidential customer information, and acting on jointly owned financial assets, even if matters are before the court, without the consent of the other party/title holder/account holder/etc...

It's not just banks. I was extremely surprised to learn that for my ex to dissolve our business partnership, down to dealing with CRA, provincial licenses, the bank, the landlord, etc, did not once require my signature or consent. The government was the worst: they would not let him remove my name from the partnership, but they did let him close it down completely and open a new, identical, business as a sole proprietorship under a slightly different name.

I went from 50-50 partner in a business to having zero legal involvement, in what could have been without my knowledge if my ex hadn't kept me apprised.

[arabian]

Rioe: Be thankful that you weren't left with all the debt of the business as I was. He bankrupted and opened a proprietorship doing the exact same sort of business, same clients, same everything and put assets under family. CRA, banks, everyone knew but nothing anyone could do. Bankruptcy is a very, very murky business that helps dishonest people and punishes the honest.