Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 06-21-2011, 03:10 PM
sml sml is offline
Junior Member
 
Join Date: Oct 2005
Location: Westboro
Posts: 11
sml is on a distinguished road
Default Property division long after separatin and divorce

Here is may case, I divorced in 1999 in an other country where my ex wife moved to with my son. We were married for two and a half years. Everything was settled except the property division. Basically, because of lack of an agreement. We have a house in Ottawa as joint tenant. Most of the time it is rented. I live here in Ottawa most of the time, my ex moved to Europe and stayed there, so she is a non resident. I would like to resolve this issue, but don't want to go to court. She insist on her half share without considering equalization payment, expenses, up keeping cost, expenses regarding a sale etc. I don't know if we are considered ,now as ex married couple, divorced couple or just simple strangers in respect of property division. Any suggestion? I think in each case the property division is done differently. The best thing would be to come to an agreement but she is not reasonable. How can I force or convince her that she is not entitled completely of the half of the value of the house.
  #2  
Old 06-21-2011, 03:15 PM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Equalization of marital property must be done within 6 years of separation. The limit is passed for this to be considered a family law issue or for it to be tied to any marital property issues.

It has become purely a civil issue, you are co-owners of the property, it is no different than if you and I had agreed to co-invest in a property.

You may certainly make an argument that any money you spent on maintainence and upkeep be reimbursed. However if you have been renting out the property, the rent would hopefully have covered that amount.

This is a situation where you need to total up receipts and expenses and come up with a clear balance sheet. Take that to a civil court if she won't settle.

On the surface, I think it would be cheaper to just agree with her 50/50 offer.
  #3  
Old 10-06-2011, 10:18 AM
sml sml is offline
Junior Member
 
Join Date: Oct 2005
Location: Westboro
Posts: 11
sml is on a distinguished road
Default

Thanks Mess for the answer.
Since my first post we (my ex I) agreed on a division of 40/60. Now, we would like to proceed but ran into a problem when asked a Family Lawyer he said this is strictly a Civil issue should contact a Real estate lawyer, when contacted a real estate lawyer he said should contact a Divorce lawyer.
We were divorced in 1999 officially and all issue were dealt with accept the property division. We are divorced. She remarried lives in an other county I remarried and live here.
Is there anyone who could unequivocally,definitely clarify this matter for me. If either case works we would pursue the cheaper rout off course or may just do it ourself.
I think it could be done as title transfer but what is needed to carry it out.
If we do it as a divorce issue we should need a separation agreement which would be very simple since only this 40-60 division is the what we have to deal with.
Actually, I wonder what happens with the separation agreement after is signed by both parties. Where is it used, should it be submitted to the Court, or else?
The possible options of a transfer of title (as far as I understand it) pursuant to a separation agreement or as a purchases and sale.
I think the basically questions are:
- Should we be considered as our divorced has not been final yet so in this case it is a Family Law issue or the property should be regarded as property owned by two not related individual and divide it according to their will.
- Can I buy the half the property for the sum we agreed on (based on - for instance - on the principal of each party actual contribution to the original purchaser price or let's say just on a price we both feel fit) like a purcasse and sale contract.
Thanks.
  #4  
Old 10-06-2011, 06:38 PM
Mess Mess is offline
Senior Member
 
Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough
Default

Real estate lawyers don't understand family law; divorce lawyers don't understand real estate.

In this case the divorce lawyer does understand that you have passed the 6 year limit and it is no longer a family law issue, this their area of expertise.

If this were me, I would ask the divorce lawyer for a letter explaining this to take to a real estate lawyer. It will cost you an extra $100 or so for a letter, but this will expedite things. The real estate lawyer will charge three times that to research and consult!
  #5  
Old 10-06-2011, 07:50 PM
mcdreamy's Avatar
mcdreamy mcdreamy is offline
Moderator
 
Join Date: Jul 2011
Posts: 1,436
mcdreamy is on a distinguished road
Default

Quote:
Originally Posted by Mess View Post
Real estate lawyers don't understand family law; divorce lawyers don't understand real estate.

In this case the divorce lawyer does understand that you have passed the 6 year limit and it is no longer a family law issue, this their area of expertise.

If this were me, I would ask the divorce lawyer for a letter explaining this to take to a real estate lawyer. It will cost you an extra $100 or so for a letter, but this will expedite things. The real estate lawyer will charge three times that to research and consult!
You'd still run into the tangle of land transfer tax payable, unless you have a a written separation agreement.

If it were me, I'd draw up and sign a 2 page separation agreement which I think you still need, confirming the details of your marriage, details of divorce, details of property being transferred to you. ILA required. Then your real estate lawyer can rely on the written 2 pager separation agreement to avoid transfer taxes, and can do/register the transfer.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -4. The time now is 05:29 AM.