This is my first post so I hope my situation isn't trivial to so many others out there. No matter how you cut it, separation/divorce is so hard to deal with. I think more so because you still have to put on your game face and focus on surviving (work, kids - life goes on).
My husband and I are married (almost 5 years). We have jointly owned a home for 4.5 years. I was given a gift of $12,000 by my parents as a down payment for this home. When we do the division of assets , can I keep the $12K from the sale of the home or is he entitled to half of this amount? I wonder because my understanding of Ontario law is that all monies that were put towards home improvements are a part of the home so you would divide any proceeds that these improvements incurred between you. Does this fall into similar law?
I am creating a separation agreement on my own. I am hoping we can mutually work out much of the details of asset division without having lawyers get involved (other than to review). My big issue is that we both still live in the same house together. I want to move out, however he needs to either buy me out or we need to sell the house to move out and on. He has already had 6 weeks now to make finanacial arrangements. He is stalling. I have indicated that we need to move on - he states he won't until he is good and ready to put the house on the market. He doesn't "feel like inconveniencing himself with a move right now." Unfortunately I am not in a financial position to move out until he decides. What can I do to speed this process along? Is there any legal action I can take? Can I eventually force him to sell like he is forcing me to stay (he knows this and is using it against me).
Also, I have started some RRSP's. Not a large amount in the pot yet but is there a way I can fight him to keep it all and my work pension? He has chosen not to put any monies into a pot and he has chosen to work for companies that have no pensions (does not find it important) but knowing that I have some he is going to want it. If I went and cashed in my RRSP's and put it into purchasing a vehicle for myself (or even give it away as a loan to someont) could I get in trouble for this? There's no way he should be getting a free ride for any longer than he already has.
Any advice/comments would be greatly appreciated. I am stuck and want to move on.
My husband and I are married (almost 5 years). We have jointly owned a home for 4.5 years. I was given a gift of $12,000 by my parents as a down payment for this home. When we do the division of assets , can I keep the $12K from the sale of the home or is he entitled to half of this amount? I wonder because my understanding of Ontario law is that all monies that were put towards home improvements are a part of the home so you would divide any proceeds that these improvements incurred between you. Does this fall into similar law?
I am creating a separation agreement on my own. I am hoping we can mutually work out much of the details of asset division without having lawyers get involved (other than to review). My big issue is that we both still live in the same house together. I want to move out, however he needs to either buy me out or we need to sell the house to move out and on. He has already had 6 weeks now to make finanacial arrangements. He is stalling. I have indicated that we need to move on - he states he won't until he is good and ready to put the house on the market. He doesn't "feel like inconveniencing himself with a move right now." Unfortunately I am not in a financial position to move out until he decides. What can I do to speed this process along? Is there any legal action I can take? Can I eventually force him to sell like he is forcing me to stay (he knows this and is using it against me).
Also, I have started some RRSP's. Not a large amount in the pot yet but is there a way I can fight him to keep it all and my work pension? He has chosen not to put any monies into a pot and he has chosen to work for companies that have no pensions (does not find it important) but knowing that I have some he is going to want it. If I went and cashed in my RRSP's and put it into purchasing a vehicle for myself (or even give it away as a loan to someont) could I get in trouble for this? There's no way he should be getting a free ride for any longer than he already has.
Any advice/comments would be greatly appreciated. I am stuck and want to move on.
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