don't know what to do

[Boxer]

Not a fatality...he just suffered catastrophic injuries...not paralyzed though. Too many injuries to list.
We bought the cottage together to "retire " in.
I am sorry i am not being clear. My head is all over the place....

[blinkandimgone]

You're doing ok, Boxer. Hang in there

You are not going to be taken to the cleaners. You have at least the house and cottage to split between you so you're covered there.

[Boxer]

Thank you thank you thank you....Blink...that is the best thing I have heard in 5 months

[representingself]

The exclusions of insurance are limited to life insurance. I am presuming this is the insurance he received. If it was from a car accident, or fire, or otherwise, the amount isn't excluded. (Think of life insurance as being bundled with inheritance).


the settlement was the result of an MVA...does this make a difference?

I am no Lawyer, but I believe that the proceeds of a personal injury settlement from a MVA are "excluded" from consideration when dealing with the division of marital assets.

I am 99.9% sure that you are not entitled to the funds that your husband recieved from his insurance settlement. Common sense would tell me that would include any property or vehicles that were purchased with said funds.

Thats not to say that a really good Lawyer would not be able to provide a compelling argument on your behalf for the division of the contents of the home...and even if he paid off the house/cottage with his settlement, there had to be some equity prior to that, that would need to be split.

[Boxer]

damn...................

[Mess]

representingself, and Boxer, Family Law Act Part 1, Family Property, 4(2) Excluded property:

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.
2. Income from property referred to in paragraph 1, if the donor or testator has expressly stated that it is to be excluded from the spouse’s net family property.
3. Damages or a right to damages for personal injuries, nervous shock, mental distress or loss of guidance, care and companionship, or the part of a settlement that represents those damages.
4. Proceeds or a right to proceeds of a policy of life insurance, as defined under the Insurance Act, that are payable on the death of the life insured.
5. Property, other than a matrimonial home, into which property referred to in paragraphs 1 to 4 can be traced.
6. Property that the spouses have agreed by a domestic contract is not to be included in the spouse’s net family property.
7. Unadjusted pensionable earnings under the Canada Pension Plan.

His insurance settlement seems to fall under section 3, personal injuries. So I would just let this go and not waste any energy or money pursuing it. Of course double check with a lawyer, but the Family Law Act seems to be pretty clear.

[blinkandimgone]

OK here's a different sort of question. If 'he' had purchased all new furniture and appliances etc ( or whatever it was he chose to buy) with the insurance money and those items replaced items THEY purchased together, would that have any bearing on any of it?

I don't know that anyone would be expected to store the older items on the off chance they divorced which is the only way someone in Boxer's position could have any claim to them. A difficult situation for sure!

[Boxer]

that's what I would like to know as well.

[billiechic]

I thought that the cash value of the settlement would be untouchable, but if he choose to purchase items for the home and family that it would be divided equally. Is this right?

Why wouldn't this settlement be seen as his potion of "income" and contributing to his potion of household costs. Essentially this woman has been supporting him and all he has contributed has been this settlement money. The courts should not expect that she fully support him and that he gets to spend the full settlement on toys and games. He has to have some responsibility to pay his way.

[Boxer]

was also under the assumption that cash is excluded, as are financial investments, (stocks savings bonds etc.)but anything purchased would become joint property.

[representingself]

Boxer.... try looking at www.Canlii.org and see if you can find any case law that would support your claim for division of property purchased with an Insurance Settlement.

The law is clear wherein you have a right to equitable division of the martimonial home and cottage.

The rest of the stuff is a grey area.

Where do you stand in terms of entitlement for spousal support?

If the marriage and your role within the marriage affected your ability to earn money, while allowing your husbands' (pre-accident) career to flourish.... you may be entitled to ongoing support.

Perhaps a cash, lump sum payment would be possible? Or property/assets in exchange for SS payments?

Unfortunately, legal fees are incredibly high, and by the time your issues get to a settlement conference or trial, you will both be in it for thousands and thousands of dollars, and month and months of stress.

[Boxer]

Thanks for all you help everyone. I really appreciate it. I guess I have to hire a lawyer. I went by the cottage today and he has changed the locks...

BTW...there is pretty much no chance for SS or child support as my youngest will be 18 in Sept.

[billiechic]

He cannot change the locks and not provide you with a key to a home you are co-owner of.

I'm sorry, I think you are going to need a lawyer.

[Boxer]

He changed them and did not give me a key... I contacted a lawyer this morning. this sucks...

[billiechic]

yes, it does. And it is likely to get worse, not better. So Sorry.