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  • Inheritance

    Long story short. Ex and I split 5 years ago. Got back together for 14 months. We never split any of our properties but had separate banks accounts while separated and separate accounts except for lines of credit while back together as they were on our house and we kept it for emergencies etc. Ex got money from his parents estate while we were back together and bought the family cottage. However, while we were together he totally gutted the cottage and renovated. The first appraisal was low to purchase it as he got a real estate friend to low ball it. While we were together the increase in value is almost $200k more than when he purchased it. My name is nowhere on it and I don't want the cottage. However, joint funds were used for it and he moved all my nice furniture from the matrimonial home into it as he wants to stay there most of the time as his home. Would I have any claim to the increase in value? Our original valuation date is the first one as mutually agreed upon to make it cleaner and forget the 14 months I loved back in. All pension documents signed and sent off for valuation over a month ago. Now, out of the blue he has told his lawyer he wants the date changed to some random date that is before he became owner of the cottage but after he depleted funds so he isn't responsible for after separation lines of credit he used. Pretty shifty. The date is random and is no significance other than to play with numbers in the equalization. I said if he wants to use a new number it is the actual date we physically separated or the first date we agreed upon. I have a feeling it will also cause a big mess with CRA as well. His entire motive to get back together was financial. I have a good job and very flexible so money and a live in nanny while he spend time at the cottage. He began dating someone as soon as I moved in and he is still with her so I knew it was over within the first week of moving back. Was a year of hell I would like to forget too. The audacity to play games like this is wearing on me. What happens when two people don't agree on date of separation?

  • #2
    Tough to say.


    If the cottage, was purchased solely with inheritance funds and wasn't put in your name, IMO, the funds weren't co-mingled into matrimonial funds and would be excluded property. While you were able to enjoy the cottage, the funds used to purchase can be traced directly back to the inheritance. Inheritance is excluded property. However, the contents of the cottage I think should be included, unless also purchased with inheritance funds.


    As for what happens with the date of separation when the two parties don't agree on it, well the judge will have to determine what date they feel is most accurate based off of the evidence provided. If you have evidence that it is your date, you provide it. Joint utility bills, accounts, witness testimony etc. (witness testimony may be discounted though). But it will be up to the judge to determine it if you can't agree.

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    • #3
      I would think that if you have proof he used joint funds to renovate the cottage then that would be applicable. If this can proven then you *may* have an argument for not just the money to be paid back but also a share of the increase in value.

      Your best bet would be to look at it this way: figure out how much money he spent of your joint account/loans/lines of credit then offset that with the increase in value (not using the low ball number but what the cottage would have sold for on the open market) of the cottage plus the value of the assets he wishes to keep (furniture).

      From there estimate you legal costs to fight for that money. More than likely it will cost upwards of $30,000. (Thats a low estimate).

      Taking the amount you would get if you won, subtract the debts incurred to renovate and your legal costs.

      Whatever the final amount is, ask yourself if its worth it. I have a feeling it would be cheaper to simply ask that you get the amounts he used to renovate the cottage back. If he used his inheritance for any of it then you are SOL.

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