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 02-10-2009, 09:07 PM
felicia504 felicia504 is offline
Junior Member
 
Join Date: Feb 2009
Posts: 5
felicia504 is on a distinguished road
Default having a hard time

i am starting to go through a nasty divorce.The house we are living in was left to his father and his father gave it to him.I invested money and remodelled it and when we started having problems he said it wasnt his and i never kept the receipts now what can I do.And if he owes back taxes is that considered my debt too.
  #2  
Old 02-10-2009, 10:49 PM
billm's Avatar
billm billm is offline
Senior Member
 
Join Date: Sep 2008
Posts: 2,431
billm is on a distinguished road
Default

As far as I know the matrimonial home is split 50/50 period - you don't need receipts, it doesn't make a difference. Separate from the home, all debts and assets acquired during marriage should be split 50/50 and that of course includes back taxes - you spent the money the taxes were based on, so you must share the tax debt 50/50 as all other debts (and assets) of the marriage.
  #3  
Old 02-10-2009, 11:33 PM
yearsgone yearsgone is offline
Member
 
Join Date: Nov 2008
Posts: 86
yearsgone is on a distinguished road
Default

I don't know for sure if it is done in Ontario but I think , if he wants to keep the house, it has to be assessed at the time of separation and he has to pay you half of the assessed value to buy you out. Make sure you have documented proof of the tax arrears and who owns the house - go to the Land Registry Office. Then if the tax arrears claims are true, you can bargain for your half to come from the money he owes you for 1/2 the house.
  #4  
Old 02-10-2009, 11:58 PM
dadtotheend's Avatar
dadtotheend dadtotheend is offline
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

I think what felicia504 might be saying is that the house wasn't in her husband's name - that maybe the husband's Dad didn't transfer title to his son.

In which case, you could have a big problem in that you aren't entitled to half a martrimonial home that you might have thought your husband owned.
  #5  
Old 02-11-2009, 06:28 AM
standing on the sidelines standing on the sidelines is offline
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,605
standing on the sidelines is on a distinguished road
Default

Quote:
Originally Posted by dadtotheend View Post
I think what felicia504 might be saying is that the house wasn't in her husband's name - that maybe the husband's Dad didn't transfer title to his son.

In which case, you could have a big problem in that you aren't entitled to half a martrimonial home that you might have thought your husband owned.
I am thinking that is the issue here. i am wondering if there is a way she could go after the father fro the money she put into the house? She improved it so that in turn made it go up in value. I am probably grasping at straws but I wonder if this is an option??
  #6  
Old 02-11-2009, 08:45 AM
paris paris is offline
Senior Member
 
Join Date: Jun 2007
Posts: 579
paris is on a distinguished road
Default

Just a thought, but if she thought it had been given to them, then there must not have been any mortgage payments made. There's no amount given for the money invested for repairs.
Who's name are the taxes in? If it's the father, then she can probably walk away. If not, then she owes half.
  #7  
Old 02-11-2009, 09:15 AM
felicia504 felicia504 is offline
Junior Member
 
Join Date: Feb 2009
Posts: 5
felicia504 is on a distinguished road
Default having a hard time

there were no mortgage payments made i was told the house was ours free and clear so i had no reason to think that I shouldnt remodel it.I didnt invest money into the property for someone else and I gave up a home that I would have owned now because of it.All the property tax is in mine and my husbands name,we get the assessment every year for the land and the house.I dont want to hurt my husband but I dont think it is fair that they watched me put the money into it and now doesnt want me to have anything to do with it.And it is income taxes that he owes
  #8  
Old 02-11-2009, 10:17 AM
canuck canuck is offline
Junior Member
 
Join Date: Jun 2008
Posts: 17
canuck is on a distinguished road
Default

as mentioned above, matrimonial home is subject to 50/50 split.

he can keep the house but must buy you out at fair market value. unless he has $$'s in the bank, he may need to get a mtg on the house, to do this.
  #9  
Old 02-11-2009, 11:53 AM
yearsgone yearsgone is offline
Member
 
Join Date: Nov 2008
Posts: 86
yearsgone is on a distinguished road
Default

You are not liable for his unpaid income taxes. Each person is responsible for their own.
  #10  
Old 02-11-2009, 02:01 PM
billm's Avatar
billm billm is offline
Senior Member
 
Join Date: Sep 2008
Posts: 2,431
billm is on a distinguished road
Default

Quote:
Originally Posted by yearsgone View Post
You are not liable for his unpaid income taxes. Each person is responsible for their own.
That is simply not true, by the family court or by moral standards. Regarding the family courts, others here have posted results where income tax owed was split 50/50.

Morally, when you are married and you make $100 for example and you don't pay tax on it, and, by the definition of marriage, you each share in the value of spending that $100, then of course you both owe the taxes on the money equally to the CRA, regardless of who earned the income. It is simply a debt of the marriage.

It is only true in that the CRA will come after the person who owes the taxes, but that does not dictate how the debt is split any more than if you buy something while married and put your name on it, the debt and asset is still a marital item to be split 50/50.
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


Similar Threads
Thread Thread Starter Forum Replies Last Post
Imputing income and Part Time globalpilot76 Divorce & Family Law 1 08-15-2011 08:01 PM
Having a hard time with this one.... karmaseeker Parenting Issues 7 04-03-2011 08:03 AM
Time Sharing Calculation Beaudoin Divorce & Family Law 26 04-15-2008 06:51 PM
Why didn't someone tell us life was this hard?:) SilverLining Introductions 2 03-28-2008 10:52 AM
Am I wasting my time?? jlalex Parenting Issues 6 05-11-2007 03:32 AM


All times are GMT -4. The time now is 01:37 AM.