Property/money issues in front of a judge

[backinthesaddle]

Just a question for those who have attended court for family law and had property/money issues and not custody issues. What kinds of evidence does judges want to hear and not want to hear? Intimidation regarding money and attempts to persuade or coerce into taking a less amount in equalization? Police report regarding threats to safety etc and parent having to leave and stay elsewhere due to safety? Taking money post separation from joint accounts? Taking money from a joint account to buy teen kids a car and the rule is can’t be used to see the other parent or anywhere near their house unless parent signs an unfair separation agreement? Taking money from children’s account($10k and both parents on the account) saying they are keeping it safe but refusing to say where it is or proof? Keeping all furniture. Previous history of ex spouse gambling and spending habits? Just examples and would like to know what to reasonably expect? All can be documented and not just hearsay.

 

[rockscan]

With respect to documentation I would think all of the proof of what was paid owed would be admissible. I am not sure though as I have not done anything around that.

When it comes to s7 expenses, mu husbands lawyer has said just what the law would allow and there has to be proof. Which means the judge accepted non redacted receipts for actual s7 expenses and proof of income to calculate it. His ex argued that all of our joint assets and income should be considered in calculating the expenses and the judge said no, just the legit expense and his income was relevant.

I would think for you that if the ex stayed in the house you would calculate occupational rent, the value of the house at the split, what you paid in to the expenses, what expenses they incurred or what money they took during the separation etc.

Unfortunately if your ex gambled and overspent and “stole” money before the separation, thats not relevant, its a shared debt.

Its only what happened after the date of separation that is relevant. If they sold furniture you consider what it was worth and subtract what they were paid etc.

Remember divorce is no fault so you cant blame the other party for things like kicking you out of the house (my understanding—not a lawyer) but what something was worth, what was paid and what the decisions were.

 

[iona6656]

Unfortunately if your ex gambled and overspent and “stole” money before the separation, thats not relevant, its a shared debt.

Its only what happened after the date of separation that is relevant. If they sold furniture you consider what it was worth and subtract what they were paid etc.

Remember divorce is no fault so you cant blame the other party for things like kicking you out of the house (my understanding—not a lawyer) but what something was worth, what was paid and what the decisions were.

Not necessarily- there is section 5(6) of the Family Law Act which allows for unequal division of New Family Property in certain circumstances- and gambling and hiding debt can fall under that section.

https://www.ontario.ca/laws/statute/90f03#BK6

The test is hard- the word used in a lot of case law is "unconscionable". I would take a look at some case law. There's a lot on Canlii about unequal division of assets. https://www.canlii.org/en/#search/o...on1=5-6&nquery1=RSO 1990, c F.3&linkedNoteup=



If there is a paper trail- get it. Hunt it down. What you don't want to do is come from a place to pure emotion- you want receipts, and evidence of what your ex did.

And if all else fails- you plead unjust enrichment.

 

[rockscan]

I know two people who had similar issues and were unable to argue it.

1. Husband gambled throughout the marriage and lost tens of thousands. It was included in the equalization as a debt.

2. Wife racked up every credit account possible and stole money from the business accounts. They had to declare bankruptcy and sell everything to pay as much off as possible.

Arabian also has an interesting case as her ex cleaned out the business and hid assets. She was awarded ss over a period of time to technically pay out the equalization.

 

[lorely]

With respect to documentation I would think all of the proof of what was paid owed would be admissible. I am not sure though as I have not done anything around that.

I would think for you that if the ex stayed in the house you would calculate occupational rent, the value of the house at the split, what you paid in to the expenses, what expenses they incurred or what money they took during the separation etc.

Can you please explain more about the calculating occupational rent and how to go about it? I understand the spouse that does not live in the house can ask for compensation for not using the house. How to go for it?

 

[rockscan]

I would search the forum on occupational rent. Also look at canlii. I dont know how it is calculated.