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  • Reimbursement Mortgage

    Looking for guidance, laws, cases re following.

    My Ex's lawyer appears to be looking for a reimbursement of the mortgages of both matrimonial home, and cottage. Ex has made all payments after exclusive possession on consent. I think this seems unreasonable as follows: as all properties were offered on title to be transferred over to maximise any refinancing equity; I was willing to stay on mortgages till they came due. Secondly, we also held rental property. In my eyes, you don't give back a tenant a bonus at the end of their stay in your property. I think the same would apply to the saught reimbursement. Thirdly, the Ex has orders of financial disclosure which she and her lawyer still haven't done!.. I am having to handle property issues mainly on my own, although I have lawyer for CS, SS, Access, etc.

    Regarding Section 7: ex cashed in life insurance policies we had on our kids that were destined for their education. Face value were 100k approx and would have been substantially more when they came to term. Any thoughts?

    Disclosure: Ex hasn't disclosed our own insurance policy. I don't know if it has a face value, but do know it is a joint, term policy where she is the owner?

    All this and other Financial statement messing around. Frustrating as heck. I am considering contempt motion.

    Any foresight or hindsight would be appreciated.

  • #2
    I can't speak to the real estate. We did have some issues like that with life insurance. The insurance on the children that was cashed in should have been included as an asset on her financial disclosure. It was cash value payable to her, it was her asset. She cashes it in, that is not income, it was asset that she already had, however it should have been included in the equaization calcualations. The life insurance on you two is a similar situation, she must provide a statement showing its worth, and if it was term insurance with no cash value then she should prove that. If she is hiding the value as an asset then she is committing fraud.

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    • #3
      I can see the present cash value as an asset. What about the future value of that asset that is now cashed in. I'm saying she depleted the future asset value as a direct response to section 7 expense, and secondary education.

      I've phoned up one of the life insurance holders, and it appears there is another policy she hasn't disclosed. Chasing down the into!!

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