Advise on Corporation

[AlexLitty]

Family court may not see it as simply corporation and she has nothing in it. It could be argued unjust enrichment with �borrowed� money. It�s not like a house or car etc. This is shares that were partially hers due to valuation. You had that money and were able to invest it. Not to mention a family court judge won�t get into the nitty gritty of corporate law. The judge will see it as an unfair advantage due to marital assets. You should speak to a family lawyer on it and as kkc said, if you make her an offer that saves you spousal in the long run (or legal fees) it may be worth your while.

I hear you , family courts are tricky. I spoke to 3 lawyers and two agreed that courts value the corp on date of seperation.I am also preparing my corp lawyer to depose on my behalf during trial (12k for that) .Atleast that is what tmy ex asked as on date of seperation . The third lawyer said its tricky ,the outcome would be that the corp is kept as it is( and wont be liquidated and her capital will be kept as it is ) .
My business valuator also provided the same opinion , he has been a expert witness at many trials .

[AlexLitty]

Hmm

That’s a good question

I made investments after the separation and they shot up
The source of that was me deferring salary

I think I read somewhere that when it goes up like that it can be an issue
You should note that if she gets a million dollars one can argue that she can live off that and won’t need support

Clear paperwork/namk statements and accounting trail that I took a 350k LoC to invest the funds in the corp,which has grown from 350k to 5million in 2 years .

[rockscan]

Clear paperwork/namk statements and accounting trail that I took a 350k LoC to invest the funds in the corp,which has grown from 350k to 5million in 2 years .

If the debt is going against the value of equalization you will have to answer for what that was used for and that will call into question the value of the investments.

Your ex will be allowed to depose your parents if they have reason to believe you are hiding money. You are walking a fine line here trying to avoid showing what you have done. There is a difference between investing money after separation and incurring debt during the marriage to invest money you benefit from.

[Kkc]

I really wish I could say what I invested in

But it would be a dead giveaway and I am only somewhat careful on the forum

I mean if it was your parents money and you told them what to buy it’s prolly okay. But if it is premarital money you dumped into a tfsa in their name it’s risky business

If the ex is somewhat reasonable and not fucking crazy money hungry alienator, just settle and party up with the 5 mill

[respondent]

If your going down a path where she currently doesn't know about the gain as she no longer has access to the accounts... that's a short path and will look very unfavourably on you.

in stock market you haven't earned anything until you sold. I guarantee you that if this 1mln investment lost value to 200k, his ex's lawyer would claim that loss has nothing to do with their client.
By the book you need to take stock cost on the D.O.S. - I can give dozens examples where it will be incorrect for number of reasons, but likely judge, having zero knowledge in capital markets would tell "take the value on D.O.S."

[AlexLitty]

If the debt is going against the value of equalization you will have to answer for what that was used for and that will call into question the value of the investments.

Your ex will be allowed to depose your parents if they have reason to believe you are hiding money. You are walking a fine line here trying to avoid showing what you have done. There is a difference between investing money after separation and incurring debt during the marriage to invest money you benefit from.

This was a corp LoC so not going towards equalization .
Thanks

[AlexLitty]

in stock market you haven't earned anything until you sold. I guarantee you that if this 1mln investment lost value to 200k, his ex's lawyer would claim that loss has nothing to do with their client.
By the book you need to take stock cost on the D.O.S. - I can give dozens examples where it will be incorrect for number of reasons, but likely judge, having zero knowledge in capital markets would tell "take the value on D.O.S."

Exactly my argument , would she have agreed to take losses . As per the book she would have to take investment value on DOS which is when it was worth 400k . Was a 900k investment fell to 400k during COVID19 and subsequently rose to 6 million after I added 400k more of funds . So I assume she gets only 200k of the corp .

[respondent]

Exactly my argument , would she have agreed to take losses . As per the book she would have to take investment value on DOS which is when it was worth 400k . Was a 900k investment fell to 400k during COVID19 and subsequently rose to 6 million after I added 400k more of funds . So I assume she gets only 200k of the corp .

While I agree with you 100%, keep in mind that both judge and lawyers on both ends would most likely have a degree in English or History, rather than in science, and it could quickly become a big challenge proving your point, as in eyes of law you would be a rich man who is trying to cheat his poor ex. This could easily become few hundred thousands battle in court room - try making very clear separation agreement with good lawyer, just make sure your lawyer wouldn't push you into litigation.

[AlexLitty]

While I agree with you 100%, keep in mind that both judge and lawyers on both ends would most likely have a degree in English or History, rather than in science, and it could quickly become a big challenge proving your point, as in eyes of law you would be a rich man who is trying to cheat his poor ex. This could easily become few hundred thousands battle in court room - try making very clear separation agreement with good lawyer, just make sure your lawyer wouldn't push you into litigation.

Thank You for this advise. This is very helpful .
It will likely be a settlement and my lawyer agrees with me for this ,he asked me to spend 5k on a business valuator and other experts/ independent accountants whose testimony in court would be extremely helpful and difficult for any judge to overrule .My lawyer told me the same thing , the courts wont hear you or me but would hear the experts . Seriously if this goes on an adverse ruling ,I will drag it in the courts and move to a foreign jurisdiction.