Marital Assets on Financial Statement

[ReFrame]

Can anyone tell me how assets and liabilities should appear (or not appear at all) on a Form 13, if all assets have been put in the name of the new spouse?

Ex-spouse remarried, and sworn Form 13 lists no assets. IF all vehicles, properties, bank accounts etc are all in the new spouses name, should they appear on the financial statement? Disclosure has been an ongoing issue, so I cannot tell if this is a refusal to disclose, or a legitimate way to present financials if nothing is actually registered in their name.

[rockscan]

If the assets are owned by their new spouse and in the news spouses name then no they don’t go on the financial statement.

Any assets are not necessarily relevant if equalization is not involved. How does ownership affect your case? If it doesn’t ownership means nothing.

[ReFrame]

The assets are income producing, purchased after remarriage. There are thousand owing in arrears, an ongoing support obligation, and early retirement is on the table.

[rockscan]

Then if they are in someone else’s name then there would be income listed. If they refuse to provide that info then you will need to request disclosure of their applications for credit where they would put their income.

If they claim they don’t own it and they don’t get income from it, it would be difficult to prove they are lying. Especially if the assets are in someone else’s name.

[Kinso]

If the assets are owned by their new spouse and in the news spouses name then no they don�t go on the financial statement.

Technically financial statements are supposed to include 'beneficial interests'. Property owned by another but actually belonging to the deponent. Although people often omit this.

This is probably what OP needs to argue, that the new spouse is just the 'bagman' and the assets at actually owned by their ex spouse. This will likely require a disclosure order against the new spouse. Not easy to get but possible in circumstances like this.

[ReFrame]

I appreciate the responses, thank you!

Will proceed on that front. And others, as the payors million dollar pension seems to have disappeared as well!

[Kinso]

Pensions don't just disappear.

[ReFrame]

Wholeheartedly agree! But the statement of assets and liabilities is sworn, but empty, and they are permanently leaving the country next month, so I will have my work cut out for me (like many others on the forum). We have a first date for a motion to change the week before departure.

Can pensions be garnished if they are not Federal, but Provincial?

[pinkHouses]

Pensions can be cashed out until a certain age but yeah first question is.
There was a pension in 201X and in 2022 it is not listed. What happened?

[rockscan]

Hopefully they aren’t going to a country with no reciprocal order for support! Have you also asked for a freeze on assets? Have they claimed hardship?

[ReFrame]

How did you guess?

Country has no reciprocal jurisdiction.

Ex could try and claim hardship, as the absence of assets on financials shows not a penny to his name, but both ex and new spouse were on sunshine list prior to his retirement this month. Plus the vanished pension, plus property in both countries (but not sure whose name property is in, hence my original question).

Not sure how to get a freeze on assets before his departure.

[rockscan]

I would speak to a lawyer if you can about any options to halt his departure. Including seeing if FRO can freeze his passport. Should also ask the lawyer if there are options to freeze their assets. I don’t know if you can but there may be options through FRO. Try your caseworker too. And I wish you all the luck. This is total bullshit.