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  • 13.1

    having trouble starting the 13.1

    We have been married for 15 years and lived together for 5 years beforehand. I make about 240k and she makes about 80k. We have 2 children.

    Our mortgage is currently 3000 per month. All income goes into a joint bank account. What do I put down for my 13.1?

    half of mortgage, is it broken down according to my income versus hers, like a ratio?

    What about gas, hydro, food, vacations?

    thank you

  • #2
    Are you still co-habitating? This makes the form a bit more confusing. Keep in mind that you will probably redo your financials at least once more during the process, depending on how long your negotiations go on.

    You may not actually divorce until you have been separated for 1 year; you are likely not in a position right now to claim legal separation. This would mean at minimum separate rooms with locked doors, separating financial ties (closing joint accounts, bills in one person's name only, severing if possible things like auto insurance.) There needs to be factual documentation to show that you are well into the process of severing all of these financial ties. Otherwise there is nothing for the CRA or the courts to go on in terms of whether, and when, you are actually separated. It takes more than just ticking a box.

    For your financial disclosure, just write what you are actually paying in terms of mortgage and expenses. If you are paying most of the mortgage, put that. If you you split it, put half. The budget part of the form is by necessity an estimation, at least for the first while. After six months you can look back and come up with a monthly average, but in the beginning you are just guessing how a lot of things will go.

    I strongly strongly advise that you immediately close the joint account and split the funds with your ex. This is both because you need to be able to show you are severing ties to establish that you are legitimately separated (you know this, but the government and courts do not) and also because there is just too many possibilities for conflict down the road, no matter how amicable you two are right now.

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    • #3
      thank you for your prompt answer. She has opened her own bank account and now has her own credit cards. We are still co-habitating and sleeping in the same bed but are not intimate. She has just gotten her lawyer and I have just gotten mine. We have a separation agreement filled out. We are working on the 13.1. We have a separate document stating what the bank accounts, credit cards, mortgages and lines of credits are on an agreed upon date and it states that from that date onward, we are responsible for our own debts. I have stated that I would pay mortgaged and land tax. Other costs like food and utilities are 64/36%. However on 13.1 it asks for past year and I am at a blank on how to write down how much of the mortgage I am responsible for.

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      • #4
        How much you WERE responsible for. You are no longer going to be married, the game changes now. What you did for the last year is not what you will do for the future.

        While you were married there was really no "your income" and "her income," it was all family income. That is how family law sees it for equalization and other issues like support. So how the mortgage used to be split is irrelevant. The value of the home is split 50/50, any money paid was equally both of yours.

        What happens now is up to you to decide, not up to what happened in the past. Are you going to move out and continue to pay the entire mortgage? Then put that. Are you going to split it 50/50? Put that. Are you going to split it proportionate to income? Put that. But you have to decide how you are going to do it.

        If you haven't discussed and decided those things then it is probably too early to be filling out this form.

        The form 13.1 budget is supposed to be for people living separate who each have their own budget and cost of living. As long as you are co-habitating and sleeping together, you are sharing expenses and your numbers don't really mean much going forward.

        Comment

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