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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 01-03-2008, 04:51 PM
daver32 daver32 is offline
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I have been in a common law relationship for about 10 years. My ex claims her inheritance money was put into a joint account in which we pay are bills. Her lawyer has now given me a separation agreement he has drafted up saying I must give back her inheritance money.

Question is, assuming she actually did do this, is she legally intitled to get the money back as it was put into a joint account? When this is done does it not become a joint asset? At the same time I did not have any influence on her with respect to where she spent her money. For all I care she could have taken an amazing world vacation or something. Why would I need to pay this money back to her upon seperation?
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Old 01-04-2008, 12:29 PM
wondering50 wondering50 is offline
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My understanding is that an inheritance is indeed considered a separate asset. However in order for it to remain that way it must be kept separate. If the inheritance money is deposited with other funds in a joint account and there is co-mingling of funds then the moneys become all joint assets.
I will although add a caveat that the above applies in a marriage situation. I do not know if it is the same in a common-law scenario.

W50
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Old 01-04-2008, 01:18 PM
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http://www.canlii.org/en/bc/bcsc/doc...04bcsc969.html

I couldn't find much by way of case law on this kind of issue; however here is one worth reading to educate yourself on how the asset splitting decisions are made.

Good luck

FL
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Old 01-04-2008, 01:23 PM
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http://www.canlii.org/en/on/onsc/doc...anlii2749.html

http://www.canlii.org/en/bc/bcsc/doc...anlii1378.html

http://www.canlii.org/en/bc/bcsc/doc...3bcsc1410.html

Here are other similar cases.
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Old 01-08-2008, 12:36 PM
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Thanks those cases are excellent examples.
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