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Old 12-21-2021, 10:52 AM
rockscan rockscan is offline
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Tayken, respectfully, you are wrong on RESP funds from other people. Case on this is:

https://www.canlii.org/en/on/oncj/do...&resultIndex=5

It was also referenced in a friends case just recently.

Also note from my husbands case, finance law and family law are not the same. If either spouse opens an RESP after separation, those funds are theirs to use for their share of the expense. If an RESP was opened during the marriage but did not have any further deposits after separation, the amount comes off the top.

From what I have read and has been referenced in my friends case, if the RESP is not solely owned by either spouse after separation, it is considered the property of the child and the funds are of benefit to both parties and will be applied as such.

If her parents want to open an RESP to cover her share then so be it. Just like you or your family could open one for yours. The only argument is kids share and then parents share.
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