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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1  
Old 06-05-2021, 03:34 PM
Jennys Friend Jennys Friend is offline
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Default Homes, Inheritance and lack of proof

Writing in for a friend
In a nutshell: Married 27 years, she raised his two children from a previous marriage plus one of their own together. Kids all grown.
He was caught cheating, marriage breakdown.
Both parties have lawyers.
My friend has had all her paperwork in for the past two and a half years, he has been stalling.
Finally making headway but have a few unanswered questions.

He has received a large inheritance during the marriage. He has produced numerous documents with different numbers ranging from just over 500K to just over 300K.
What documentation would be required to produce to show the accurate amount of the inheritance?
Secondly, a cottage was purchased in his name alone during the marriage, claiming from his inheritance.
It was owned and used by the family for 10 years before it was sold during the separation period.
He is claiming 100% of the proceeds in his column. The question we have is surrounding the 10 years of renovations, upkeep, and taxes for the cottage. Would he not have to prove that all of that money came out of his inheritance as well, for her not to receive a dime?
Lastly, he does have a US bank account that he claims is where the expenditures for the cottage came from, but does he then have to prove that the money in that US bank account came from his inheritance and not from the family income?
My friend's lawyer is a bit of a bully and very condescending, she is already in 11k and fearful of asking too many questions of her lawyer as to when she does the lawyer tells her "if you don't understand I can help that".
I don't want to make this post about her getting a new lawyer, which I have advised, but can someone help answer these few questions?
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Old 06-05-2021, 09:50 PM
tilt tilt is offline
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He has to provide proof of the inheritance and the US account funded from the inheritance paying all the cottage bills in order for them to be excluded. No proof, no exclusion. If he is claiming 100% of the proceeds in his column that would be correct (assuming she did not get a share of the proceeds). He can't claim it under the excluded property column without proof.
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