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Imputing income.

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  • Imputing income.

    I'm dealing with a high conflict ex who held the line in negotiations for the SA. She clearly had a pitbull for counsel whereas mine was more intent on settling.

    Towards the end of the marriage, my ex inherited a fair amount of cash, and a half interest in a house. I understand these are exempt from the equalization calculation, I couldn't even get her to provide a value even if they were not included. The House is currently occupied by the person who owns the other share of the house, her brother.

    If I understand, as mentioned in another thread, both parents have an obligation to use their assets to get income, would it be possible to impute rental income to the property? Her brother is getting a free ride, and she won't ask for rent since it would decrease my obligation to her.

    If my SS period was short I wouldn't bother, but since it is indefinite, it might be worth pursuing, if there was a chance of success and if the legal fees didn't swallow up any gains.

  • #2
    Generally speaking, yes, you have it right. However getting this done requires a more assertive lawyer than the one you describe.

    The amount you would be able to impute would be the fair market rent for a similar dwelling in that neighbourhood; easy enough to research but make sure you get some factual evidence. This would be divided by 2, since she is half owner. Then should would subtract any expenses she incurs such as taxes, insurance, and capital repairs.

    The end result may only be a few hundred a year.

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