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  • Purchase with inheritence

    My wife left me.She took the van that I had bought with money left to me from my mothers inheritence.I told her I want the van back.I will give her the car which was her main vehicle.She said since both our names are on the ownership,she can keep it.I told her that I had read on this forum that does'nt matter,the van belongs to me because it does not become property because of the purchase with money inherited to me.I mentioned this to my lawyer and I am sure he said she will have to return it.At the time he was saying this to me I was still digesting other stuff he was telling me about that I have to do.So if anyone in the know,I need to know if I read what I read is true and clean my ears out for when the lawyer is talking.I have trouble multie-tasking lately. I wonder why LOL

  • #2
    She cannot keep the van. It is yours.

    In Ontario, the van would be considered as "Excluded Property" as it was aquired with inheritance funds, from a third party, (your mother).

    Property that was obtained during your marriage that was given to you as a gift, or inherited is strictly off limits to your ex.

    Family Property - Excluded Property

    Excerpt from the Family Law Act

    <!-- TRANSIT - HYPERLINK --><!-- .droit de la famille (Loi sur le), L.R.O. 1990, chap. F.3. -->(2) The value of the following property that a spouse owns on the valuation date does not form part of the spouse’s net family property:

    1. Property, other than a matrimonial home, that was acquired by gift or inheritance from a third person after the date of the marriage.

    R.S.O. 1990, c. F.3, s. 4 (2); 2004, c. 31, Sched. 38, s. 2 (1); 2009, c. 11, s. 22 (5).

    Comment


    • #3
      but would it matter that both names were on the ownership??

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      • #4
        The ownership is just a licensing document...

        If it was purchased with excluded income, it is considered excluded property.

        Not to say that retired75 doesn't have the burden of proving that the van was indeed paid with the inheritance funds.

        Comment


        • #5
          Thank you the reply.At least that's reasuring.Now she wants me to move out of the house so she can move in.She was offered a place here,but said it was unacceptable.Her lawyer had asked my lawyer to ask me if I would agree for her to stay in the RV.I said yes.She then turned it down.I am paying all the bills now.It used to be joint.She has'nt paid towards anything since June of this year.This is the second time we split.It is all over one daughter and two grandchildren she has not had a relationship with for 10 years.I have no problem with her having a relationship with this daughter.This is daughter that has'nt liked me from the get go.I helped her a lot and this is what I get.Short memory.I was used big time.When she got married,she told her mom that she would not have anything to do with her as long as she was married to me.I know the soon to be ex wife is missing this relationship,but this is'nt the way to do it.I have told my wife many times ,that I don't have any problems with her having a relationship with this one particular daughter.It's the daughter.She wants it her way.I think my wife is going through menopause and not thinking clearly.I feel she is being manipulated big time.It doe'snt help when the other daughter is recriuted to help the other one.My lawyer said that I stay in the house.She is the one that left.The thing is what if they get together and say that I mistreated my wife, conjure up something.It would be there word against mine.We may have our arguments like other married couples but no abusive stuff.I am having to list the house and sell the RV next week.That hurts.The saga goes on.

          Comment


          • #6
            you sound like a nice guy. I know that I hate the man my mother is with but that is due to the fact he has a bad drinking problem, 2 assaults on woman (one was my mother) where he was found guilty a sexual assualt on a previous gfs 15 year old daughter. He has also threatened to hit me to my mother even though he has never laid eyes on me.

            Stay in the house.

            Comment


            • #7
              Originally posted by retired75 View Post
              Thank you the reply.At least that's reasuring.Now she wants me to move out of the house so she can move in.She was offered a place here,but said it was unacceptable.Her lawyer had asked my lawyer to ask me if I would agree for her to stay in the RV.I said yes.She then turned it down.
              Both of you are entitled to possession of the 'matrimonial home' until a Judge orders otherwise. She can ask you to move out, but she can't force you to do it.

              I can see her refusing to live in your RV, as it is getting colder outside and most RV's are not insulated for winter use.

              I definitely wouldn't agree to vacate the premises for her exclusive possession.

              Originally posted by retired75 View Post
              I am paying all the bills now.It used to be joint.She has'nt paid towards anything since June of this year.
              I am assuming you are referring to the household expenses. Even though she isn't contributing now, you should receive credit for your payments during the divorce equilization.

              Originally posted by retired75 View Post
              This is the second time we split.It is all over one daughter and two grandchildren she has not had a relationship with for 10 years.I have no problem with her having a relationship with this daughter.This is daughter that has'nt liked me from the get go.I helped her a lot and this is what I get.Short memory.I was used big time.When she got married,she told her mom that she would not have anything to do with her as long as she was married to me.I know the soon to be ex wife is missing this relationship,but this is'nt the way to do it.I have told my wife many times ,that I don't have any problems with her having a relationship with this one particular daughter.It's the daughter.She wants it her way.
              That is really unfortunate. But when it comes to divorce in this country, unless there are allegations of abuse or adultery, the courts do not care about the 'reasons' why.

              Originally posted by retired75 View Post
              I think my wife is going through menopause and not thinking clearly.I feel she is being manipulated big time.It doe'snt help when the other daughter is recriuted to help the other one.
              Unless you believe that there is no hope of reconcilliation, I wouldn't rush the divorce proceedings. If your wife is being manipulated, and/or emotionally vulnerable, and you two have wandered down this path before, there may be a chance that she will come to her senses.

              Originally posted by retired75 View Post
              My lawyer said that I stay in the house.She is the one that left.The thing is what if they get together and say that I mistreated my wife, conjure up something.It would be there word against mine.We may have our arguments like other married couples but no abusive stuff.I am having to list the house and sell the RV next week.That hurts.The saga goes on.
              She can say whatever she wants to say, and although it is unbelieveably difficult to cope with, there isn't much you can do to avoid or prevent it.

              Even if she starts accusing you of abuse, she has to PROVE it, and testimony from biased witnesses such as her daughters, wont hold much weight. There has to be real evidence: photos, police reports, etc.

              What you need to remember is that no matter what she says, you are still goverened by the laws which state how things are to be divided, who gets what and how much. She can cry wolf all she wants, and it wont make any difference.

              Try to keep your hurt and anger in check, and look at everything like a business transaction where your finances are concerned.

              I know it is painful, but keeping a clear and open mind will get you through this so much faster, and the faster you can move on.. the better.

              Comment


              • #8
                Originally posted by representingself View Post
                Both of you are entitled to possession of the 'matrimonial home' until a Judge orders otherwise. She can ask you to move out, but she can't force you to do it.

                I can see her refusing to live in your RV, as it is getting colder outside and most RV's are not insulated for winter use.

                I definitely wouldn't agree to vacate the premises for her exclusive possession.



                I am assuming you are referring to the household expenses. Even though she isn't contributing now, you should receive credit for your payments during the divorce equilization.



                That is really unfortunate. But when it comes to divorce in this country, unless there are allegations of abuse or adultery, the courts do not care about the 'reasons' why.



                Unless you believe that there is no hope of reconcilliation, I wouldn't rush the divorce proceedings. If your wife is being manipulated, and/or emotionally vulnerable, and you two have wandered down this path before, there may be a chance that she will come to her senses.



                She can say whatever she wants to say, and although it is unbelieveably difficult to cope with, there isn't much you can do to avoid or prevent it.

                Even if she starts accusing you of abuse, she has to PROVE it, and testimony from biased witnesses such as her daughters, wont hold much weight. There has to be real evidence: photos, police reports, etc.

                What you need to remember is that no matter what she says, you are still goverened by the laws which state how things are to be divided, who gets what and how much. She can cry wolf all she wants, and it wont make any difference.

                Try to keep your hurt and anger in check, and look at everything like a business transaction where your finances are concerned.

                I know it is painful, but keeping a clear and open mind will get you through this so much faster, and the faster you can move on.. the better.
                Thank You for your support and answers.I would have been the one that stayed in the RV.I would have braved the cold for her.She would have the comfort of a warm house.I agreed to this in the beginning,hoping we might get a chance to talk.I know it would have been cold.I would just have to keep the propane topped up.I still love my wife.I don't want this divorce.If she called and wanted to come back,I would take her back in a heart beat.Just a lot of hurt.She did call to wish me a happy b-day last Thurs.This week is our sixtenth wedding anniversary on the sixtenth.I am having a hell of a time trying to be strong.Oh well I guess it all takes time.Thanks again.

                Comment


                • #9
                  Originally posted by retired75 View Post
                  Thank You for your support and answers.I would have been the one that stayed in the RV.I would have braved the cold for her.She would have the comfort of a warm house.I agreed to this in the beginning,hoping we might get a chance to talk.I know it would have been cold.I would just have to keep the propane topped up.I still love my wife.I don't want this divorce.If she called and wanted to come back,I would take her back in a heart beat.Just a lot of hurt.She did call to wish me a happy b-day last Thurs.This week is our sixtenth wedding anniversary on the sixtenth.I am having a hell of a time trying to be strong.Oh well I guess it all takes time.Thanks again.
                  Have you asked her to see a marriage counsellor with you? Maybe what you really need is to get her away from her intrusive daughters for a little while and talk to her? Although I am sure that they are keeping her well under thumb.

                  Maybe you can offer her a bedroom in the home?? That way she can come home?

                  Once you get her in the door, let her really know how you feel, just make sure you are being VERY SUBTLE.

                  If she is getting manipulated by her kids, is it possible that the last thing she will be able to cope with is pressure from you.

                  Be patient and supportive....

                  Definitely don't rush to divorce proceedings unless you truly believe that she isn't going to ever come back to you.

                  I am sorry you are suffering so....

                  And just as a side note.... even with the propane furnace burning constantly, you would be mighty cold in that RV.

                  Comment


                  • #10
                    I offered that I would stay downstairs and she can be upstairs, separate bedrooms.She said that would be unecceptable.She insisted that she wants back in the house and that I take the RV on a trip south.I told her I'm the other feller not rockefeller.She wanted me to use my RRSPs.Right.She wants us to find her a place to live.She should have thought of that before she left.I asked why she does'nt go to her moms.Her mom is alone now since the passing of her dad and probably could use use the company.She said she did'nt want to get her mom involved.I would have liked to say,better yet go to the daughters house that is putting you up to this.But I did'nt.I'll have to wait and see what else comes down the pike next.Your right.It would have been cold out there in the RV.Brrr.Thanks again.

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                    • #11
                      Just an update on the inheritence part.Her lawyer said since I put her name on the ownership of the van it is concidered a gift to her on my part.So I guess I loose this part of the battle.I am glad there are no children involved in this one, because her lawyer would ask.What came first the chicken or the egg?Man I thought I had my rights on this one.

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                      • #12
                        I wouldn't believe her Lawyer...

                        I don't think that she can claim a van as a 'gift', especially since it was purchased with your inheritance money AND you want it back.

                        Worst case scenario, it would be considered a 'marital asset', and she would have to give you 50% of its value if she chose to keep it.

                        However, the circumstances surrounding 'how' it was aquired, deem it exempt from the standard division of property.

                        All you have to consider is.... Is it worth it in legal fees to fight over the van?

                        Even though the law is pretty clear, doesn't mean you wont pay through the nose trying to get it back....

                        Lawyers......grrrrrrrr

                        Good Luck

                        Comment

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