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  • what do i do now??

    I filed divorce proceedings against my (ex) wife,
    she left me 18 months ago, and always wanted divorce.

    I don`t have a lawyer, so doing it alone.
    She told her former lawyer through mine that she wouldnt`t object, but yesterday i got in mail a response, a form 10 and a form 14a

    what do i fill out now and return to her (do i have to serve her again or will registered mail do)
    She is looking for equalization of net family properties, although all we have is 88,000 in joint debt, with no assets!
    it was the last thing i expected so have no idea....
    do i tell court office about it or is that her job, and if she doesnt, does it go ahead regardlessÉ
    thanks...... excuse my ignorance in not knowing

  • #2
    Equilization include sharing the debt. As part of your divorce you both have to fill your financial disclosure. This is normal procedure and part of the divorce. The last thing you will want is to end up with the entire debt to yourself.

    http://www.attorneygeneral.jus.gov.o...amily/divorce/

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    • #3
      Thanks folks,
      But what do I do to respond? Just do nothing at wait for notification of a date? Do I call the court office for a date?
      The property she wants half the value of got dumped by the land-lord as her name was on the lease, and she vanished, the landlord took key off me and only let me grab some clothes.
      Its all debt connected (all got while married,biggest debt is joint names)
      Thanks agaon.... - I presumed ot wouild be a simple divorce,
      She also wants the family court file merged with the divorce file.

      Comment


      • #4
        you both have to fill form 13.1 to claim any equalization. You must request that to happen otherwise you will not be able to settle your debt.

        Make sure that you close down any joint accounts, line of credits, credit cards to prevent additionnal debt. If you cannot close line of credit due to debt then freeze it but only allowing payment and remove any borrowing room.
        Last edited by Moolight; 04-19-2013, 01:54 AM.

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        • #5
          Originally posted by Moolight View Post
          Equilization include sharing the debt. As part of your divorce you both have to fill your financial disclosure. This is normal procedure and part of the divorce. The last thing you will want is to end up with the entire debt to yourself.

          Divorce and Separation - Ministry of the Attorney General
          If there are no net assets, then debt is not shared.

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          • #6
            I have hard beleiving they have no assett, 88,000 must be against something.

            Maybe I should use the term divide instead of share. You can request compensation if you take on the joint debt.

            OP should go through the exercise to fill form13.1 as he might discover asset that he did not think about. Who knows what she has. Some items like cars can be sold to pay off debt.

            If they are both working it would make sense to settle with an agreement that the take each a personnal loan to pay off their share of the debt.

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            • #7
              The 88k is unsecured, it was easy to borrow (debt is is another country which I may be forced to return to)
              Believe me,there are no assets! I had a truck which was scrapped,when she left,the landlord secured a judgement against her so he dumped everything (lease was in her name.
              If I waited,did nothing, and waited to hear from court, what will happen?

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              • #8
                I'm thinking you really do need legal aid or a talented lawyer or something, as your situation is incredibly complicated. What happens to your debt from the foreign country if you declare bankruptcy in Canada? Can you work in Canada?

                It basically sounds like your ex is doing everything she can to make life difficult for you, even above and beyond what we usually see here. I hope you have an airtight court order for your access. Now you need something similar to divide up the debt. Otherwise you're going to end up with crushing debt and deported to a country far away from your children. You must do everything you can not to have to rely on trusting this woman for your finances and your relationship with your children.

                Comment


                • #9
                  how can you split something neither of you have? I don't understand. Unless you want to split debt then you can split that. You claim there are no assets so what exactly is the other party searching for? Seriously I don't understand. You were renting and were evicted for squatting (your name not on lease). You have no vehicle, no investments? See where my confusion is

                  Comment


                  • #10
                    Going back to your original post, you say it is joint debt. So to be clear, the loan/line of credit is under both of your names?

                    In this case the debt should be split evenly. If there are no other assets, then doing equalization properly is certainly in your best interest.

                    If the debt is in one person's name, then normally it would be subtracted from assets in that person's name before the net asset is split for equalization. The amount cannot go below zero, if there are no assets then there is no equalization.

                    To Moonlight, it is certainly possible to borrow money and have no assets. If a revolving line of credit is used, many people simply just pay the interest and keep the amount maxed out for years if they run into other financial difficulties. Meanwhile, assets do not retain their value forever. The furniture set you bought 10 years ago is probably worth next to nothing right now. Vehicles depreciate considerably after a few years. Clothing rarely has any resale value.

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                    • #11
                      It looks like she thinks she is smarter than she is - not realizing what the outcome will be afterwards.
                      My access is enforcable under S34, which includes any and all, so if shw does mess about, calling the police from anywhere due to missed calls is breaking the court Order.
                      My case is going back to Immigration, after a Federal Court judge said its up to imm to show they children won't be damaged rather than me showing they would.

                      I don't think I am bothering to reply, just get a date from Court, and see what haoppens..... Not playing her game,

                      Comment

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