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  • #16
    So some time has elapsed (cough)...divorced almost 2 years, never did do the SA - just filed for divorce
    Kids are older, D22 is done post secondary and entirely self sufficient in TO, S20 is 3rd year Uni out of town. X still lives in the mat home (my name only) now itís about our shared custody senior canine....he canít manage her on his own with his work schedule and I am afraid if I take her he will lose it, plus he is well armed. Years ago he would tell me (often) that he would be leaving me and the kids & only taking the dog, so I donít want to rock that boat.
    Beloved pooch is getting on and I want to be prepared. He isnít paying any rent so not a tenant per se, anybody know if I need paperwork to oust him when I am ready to sell?

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    • #17
      Well was equalization ever done? Even if the home is just in your name itís still a marital asset that needs to be split. If you never did a separation agreement and the house has never been dealt with you canít just up and sell. Itís still an asset that needs to be dealt with. You stated two years ago you were paying half the mortgage and ex was paying the other half and other bills... has this changed? Looks like you need a lawyer again and this should have been dealt with two years ago


      Sent from my iPhone using Tapatalk

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      • #18
        No equalization, I will still give him half of net separation date value because itís fair but at 8 years post separation/2 past divorce is there a legal obligation to equalize assets? And yes I am still paying half of what I called a mortgage, but itís actually a HELOC that was used to finance a jointly owned business rather than to buy the house. House was free and clear before that.

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        • #19
          Originally posted by rollingesto View Post
          No equalization, I will still give him half of net separation date value because itís fair

          Fair might be half of the current value, given that you have only been paying for half of the HELOC. Who has paid for repairs and maintenance during this time? Who has paid the property tax?


          but at 8 years post separation/2 past divorce is there a legal obligation to equalize assets?
          I think you are right in that the obligation does not last forever. I wonder what the limitation period is. I feel I have read it in some case law but I'm not recalling off the top of my head.


          Might be worth a search to figure that out.

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          • #20
            Originally posted by Janus View Post
            F
            I think you are right in that the obligation does not last forever. I wonder what the limitation period is. I feel I have read it in some case law but I'm not recalling off the top of my head.
            6 years from date of separation.

            s 7(3) of Ontario's Family Law Act

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            • #21
              That had also been my understanding so had been planning accordingly, I was afraid for a moment that I missed a change....will till give him a piece of the proceeds.
              Heís paid the property tax and insurance, I most of the maint/repair. Fair market rent for even half the house is far more than what he is paying so as I see it itís win-win. He saves $ and I get the increase in value.

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