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  • dissipate all assets

    I have posted this already.

    just owndering if anyone has anything info for me?

    I have been on the internet and haven't come accross to much beside the fact that you aren't suppost to dissipate assets

    married 20 years, 3 children oldest now on their own youngest 15 years lives with him. I pay cs

    stbx on cpp and wcb works for cash does renovations and misc.

    I left him suggested by RCMP (started at womens shelter) after I moved into a place he harassed me so bad the RCMP charged him with criminal harassment and plead guilty restraining order for 18 months.

    he was in the mat house, mortgage was $220,000.00 worth $320,000
    he had the holiday trailor it was paid for worth $12K
    also his 2 snowmobiles paid for worth $15K combined
    fedatherlite trailor paid for worth $12K tools worth $8K
    cash in accounts worth $80K

    he sold trailor, snowmobiles,put $20K on line of credit that was attached to mortgage and kept all the cash from the sold assets.

    my lawyer told me not to freak out that we would settle it in the end

    a year later he went into bankruptcy they took the featherlite trailor and the house. the banks then came after me for $25K forced me into consumer proposal

    I also left the house with nothing but my cloths

    he says he has no money.

    my lawyer stopped representing me because I had to include the balance of his bill in with the proposal.

    I have now been accepted by legal aid. I want to make sure I know a game plan for first meeting.

    I have all the bank statements and papers that were filled out by the stbx listing all assets we had (well had) it includes them all.

    please anything I should know or research on my own.

  • #2
    does anyboby have anything for me?

    I have nobody here. My family is all in another province

    moral support, advice a heads up anything would be appriciated

    Comment


    • #3
      Do you have a detailed LIST of all ASSETS and LIABILITIES of the marriage as at (a) date of marriage and (b) date of separation. For EACH asset and each liability do you have supporting documentation to enter as evidence. For each assets, what evidence do you have that it was sold?

      If YES.. then I suggest you type it here so we can see it.
      If NO.. then that's the first place to start... gather up all the papers and evidence.

      I have no intention to offer "moral" support. Got enough on my own plate without adding that. However, if you wish to prepare for your day in court, you need all what I mentioned above. None of us hgere can do that for you.

      Comment


      • #4
        Also.. I am in Ontario. The law here regarding division of Net Family Property is a provincial law, so it may vary for you in Alberta. You need to rerearch Alberta law for this. Here the law is (I think) the Ontario Family Law Act.

        When you head to court, you'll need to have all family property listed on the right forms, and binders of supporting documentation. Get to it girl. It's hard work.. but no-one can do it but you.

        Comment


        • #5
          I have all bank statements from the date of separation for the following year

          I have a statement under oath that he signed stating we jointly owned all of the assets

          and it is from a joint friend that told me the assets are gone (holiday trailer and snowmobiles) but if asked by judge/lawyer what is he going to say? he still has them? I doubt it then we would sell them a split 50/50

          as far as the bank statement it shows all money in accounts and shows he took the money out. although there is roughly $37K taked out that doesn't show deposited again in any account we have be disclosed?

          as far as the mortgage goes it was the kind that you could pay only the interest. as of date of separation mortgage was $220K as of forclosure $240K because of $20K he took out. then add on non payment for 8 months and the taxes in arrears it was around $260K

          sorry for asking for moral support, I totally understand. just looking for any thing anyone would have for info for me

          thanks for your help

          Comment


          • #6
            You didn't listen. I said a LIST.

            ASSETS
            1. XXX
            2. XXX
            3. XXX

            LIABILITIES
            1. XXX
            2. XXX
            3. XXX

            Three lists
            1. YOUR assets and liabilities at date of marriage
            2. HIS assets and liabilities at date of marriage
            3. COMBINED marital assets and liabilities at date of separation

            Start there.

            Comment


            • #7
              some links
              Family Property - Alberta

              http://www.qp.alberta.ca/documents/Acts/M08.pdf

              Read, and read, then read some more.

              Comment


              • #8
                oh sorry, got it
                we stared out with hand me down furniture so as of date of marriage really nothing same goes with liabilities

                together for 22 years

                assets as of separation

                $12K holiday trailer
                $15K snowmobiles
                $12K featherlite enclosed trailer
                $8K tools carpentry
                $80K cash in accounts
                $5K household furniture, garage stuff, camping gear and stuff


                mortgage appraised at $320K at time of separation reapraised at $280K 2 yrs later (no upkeep realator told me kinda rough inside)

                liabilities was mortgage $220K os of sepatration date
                2 credit card $25K

                the house was forclosed and he went bankrupt sept 2010 included in his bankruptcy was his own cc debt of $80K he got cc after separation

                I hope this is what you ment

                Comment


                • #9
                  oh and he had all the assets. I left with nothing and still have nothing

                  Comment


                  • #10
                    So.
                    At Marriage (what was date of marriage)
                    HIM (assets $0, liabilities $0)
                    YOU (assets $0, liabilities $0)

                    At date of separation (what was date of separation)
                    MARITAL ASSETS
                    $12K holiday trailer
                    $15K snowmobiles
                    $12K featherlite enclosed trailer
                    $8K tools carpentry
                    $80K cash in accounts
                    $5K household furniture, garage stuff, camping gear and stuff
                    $320K house (reapraised at $280K 2 yrs later but that's not relevant)
                    ====
                    $452K total assets at date of separation
                    MARITAL LIABILITIES
                    $220K Mortgage
                    $25K credit card debt
                    ====
                    $245K total liabilities at date of separation
                    ====
                    $207K net assets at date of separation

                    Is that right?

                    Did you account for REASONABLE depreciation of all assets as at date of separation?
                    Can you support EACH of the numbers above?

                    If it's right, you are entitled to 1/2 of $207K.

                    It's up to YOU to be able to support this statement. I suggest you gather your papers into a binder, sectioned by asset, so you have the numbers close at hand when you need them. Revise the summary yourself if you see any OVERSTATED ASSETS or UNDERSTATED liabilities.

                    You'll have no choice but to learn HOW to file a motion, self represented unless you can get legal counsel, in Alberta Family court, for your fair share of these marital assets. Given that he has clearly moved the assets into the names of others, it will not be easy.. but you either go after it or you don't.

                    And if you are exagerating any of the assets here.. you'll be the one that gets hurt by the consequences, not me. I don't much care myself. It's up to YOU to be reasonable at all times with the amounts you claim.

                    The FIRST THING the court will want to see is these three tables, as these are what establish HOW you arrive at your total claim.

                    The SECOND thing the court will want to see is the evidence you have to support these values as at the date of marriage or separation.

                    The THIRD thing the court will want to see is your paper trail to show what ex did with each asset and each liability. THAT is what you'll get the people in the legal system to help you a little more.

                    Lastly.. if you have any evidence about WHERE the money went.. or what ex does NOW.. or where he works.. gather it up.

                    Keep in mind that getting a judgement from the court is one thing and collecting on it is another. Your ex will be placing EVERY barrier he can think of in front of you, at every step of the way. You need to prep yourself for that.

                    Comment


                    • #11
                      Keep in mind, in Alberta, property is valued at time of settlement/trial, not at date of separation.

                      Comment


                      • #12
                        thank you so much

                        I have a finacial information, bank statements, his sworn statement that we jointly owned and he lists the assets and value the same as myself.

                        he will have to come up withe where abouts of the assets won't he? I didn't have them he did. and for the money gone won't he have to account for disapperance of it and where it went?

                        Comment


                        • #13
                          Did not know that. It will change things if true.

                          However, it's still clear that OP's EX acted, uniformly, to liquidate all net assets to cash, and then remove all cash to his own benefit, leaving behind only non-liquid assets with matching liabilities. Even with differences to Alberta law, no doubt they have provisions to help OP with this.

                          Comment


                          • #14
                            TMAC I think you are likely right.. Once YOU have established the existance and value of the assets, and that they were in his possession, then the burden of proof will likely shift to the EX to show what happenned next.

                            Comment


                            • #15
                              thank you all so so much it really helps hearing what you guys have to say.

                              Comment

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