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dividing assets? EX sold and kept cash any idea what judge will do?

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  • dividing assets? EX sold and kept cash any idea what judge will do?

    live in Alberta

    filed matramonial property with the courts in Nov. 2008. with a list of all assets property and bank account.

    he has sold assets and money is gone?

    says he is broke. what are your thoughts on what the judge with think or do.

  • #2
    well he should be liable for it but thats common sense and when you mention Alberta thats a question , what were assets - time together - who worked - children ?

    Alberta gots some real problems, its got alot of what i heard are called 'rum soaked' Judges from the Cline and previous administrations where patriots where promoted at provinical and federal levels

    from what I have seen you got a 95/05chance of just cleaning him out
    regardless if its the law or not

    please provide more detail ...

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    • #3
      married 20 years
      assets holiday trailer $15k
      snowmobiles $15K
      featherlite trailer and carpentry tools $20K
      house $80K
      cash in accounts 30K
      life insurace saving $4K
      invoices due 25K construction company 50/50 owners
      invoices due in next 6 months while he was still operating company was $65K with company had $40K in cc debt for the jobs done

      he sold all assets and kept cash. in sept 2010 went bankrupt in bankrupcy the house and featherlite trailer were taken

      I worked bartending full time and did all the company books
      he did small reno jobs with the company
      our 15 year old lives with him

      Comment


      • #4
        what happened in 2008, you separated and there seems to be a void till now, during that time he sold your joint stuff ?

        Comment


        • #5
          ya he sold the stuff in 2008-2009. I had a lawyer and I let him know that stuff was being sold. money gone and he said we will settle it in the end because we still have the house. but look at me now the house went in bankruptcy and with the mortgage company coming after me for the balance on the mortgage. OH FORGOT TO TELL YOU he took out $20K on the line of credit that was attached to the mortgage in may 2009.
          so with the mortgage company coming after me for non payment and city taxes in arrears of $6K total owing of $17K. and non payment on the family wakeboard boat the repoed it and coming after me for $8k I had no option and had to file for consumer proposal.

          So i would have had to come up with $25K I had nothing and he ruined my credit

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          • #6
            does anyone have anymore thoughts for me?

            do you think that maybe the judge will order him to pay me in payments?

            when you file for division of mat property you are not allowed to sell them. I would think he would be in the wrong for sure and I would think any Judge would be not impressed that he did all of this

            what avenue should I go? I am thinking that the judge will not want to hear a long drawn out sad story but he will need to know what assets were there in 2008 and what assets are there now?

            Comment


            • #7
              found this on line. I think this is an explaination for me any thoughts?

              The MPA requires the Court to be fair in determining what each spouse’s share of the property will be. Equal division of property will usually take place unless there are very good reasons presented to the Court that this should not be the case. When spouses cannot agree on how property will be split, the judge will consider spousal contributions to the marriage, contributions to the family, business endeavours, financial resources of both spouses, the length of the marriage, as well as any agreements made. The Justice may also consider whether a spouse transferred or sold property, previous Court orders, tax liability one spouse may incur as a result of the transfer/sale of property, and any other relevant circumstances. The Court will not consider misconduct by a spouse, unless it relates to the improper use or sale of matrimonial property.

              Comment

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