No announcement yet.

Ex was previously sued prior to marriage and settled during marriage

  • Filter
  • Time
  • Show
Clear All
new posts

  • Ex was previously sued prior to marriage and settled during marriage

    Hi everyone..hopefully someone can help

    The ex was always secretive about legal troubles. I recall clearly the day where we were leaving our house and she was served lawsuit papers which she knew clearly of. She told me it was from an issue prior to the marriage.

    I kept asking what we needed to do to settle it. She told me she gave it to her mother and their lawyer dealt with it.

    My belief there was a large debt she had from not paying rent and that debt was settled during the marriage. It was very cryptic.

    1. Would it be fair game for equalization if a pre existing debt like this was settled during the marriage?
    2. How do I find those documents? I remember the exact day she was served (we we're on a way to a funeral) and her saying the street of where she rented. She will not be forthcoming in questioning is my guess.
    3. She was also very cryptic about the will of her grandfather who was rich. Says that it is still in the courts x 10 years. Can any inheritance be fair game?

  • #2
    Debts on date of marriage are excluded when dividing net marital property. Have you already settled? She should have disclosed any debt as of date of marriage.

    Proceeds of inheritances are excluded unless they become joint assets such as buying a matrimonial home, paying down a mortgage or depositing in a joint bank account or buying investments in joint ownership. If the estate is in probate then you have no claim.
    Last edited by Abba435; 05-10-2020, 10:01 AM.


    • #3
      Sorry I don't understand the first sentence...

      I think the debt was pre existing and settled during the marriage so it would help my side. Another example..she had 40k of student debt she didn't tell me about until the day after we were married and it was then paid off immeadiately bc it was in collections...that one counts

      The inheritance could help in terms of quantum of support bc if she is set to inherent a lot it would contribute to self sufficiency.
      She could just lie about that lawsuit I am recalling and I'd have to prove it so that's why I need to know how to find it

      No we are not even close to's very high conflict and she has serious personality disorder...withholding my daughter bc I'm slow paying support bc's being addressed...but really not fun


      • #4
        The student debt...easy...I had to pay it as a bill through a bank account...I got it proven

        I also have proof on date of marriage the bank account was only in my name that had like 25k in it...a few months later it became joint..1 point for me

        It's crazy she owes me 90k as of now...she also demanded an evaluation of comic book collection and agreed to do the same for her jewelry and purses...we didn't want to but she insisted even though the judge said it was dumb...I just happened to find an email from my dad just before we got married that had an inventory of the whole it was really easy...the value of my collection appreciation during the marriage 4k...she wouldn't do her purses so I knew everything she had and found eBay listings...she's at's Petty but I'll take it

        She also removed all the household contents in the middle of the night and left me with no clothes or toys for the kids..more equalization for me...but ya that part sucked


        Our Divorce Forums
        Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.