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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 96405
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Separated since 2010 - Mediated agreement to divide assets.

Customer Question

Separated since 2010 - Mediated agreement to divide assets. Ex spouse (civil Union) she lives in quebec; Im in Ontario, she is asking me to pay her half (or divide in half) a set of musical instruments - value of instruments 4000 - set of horns; two full octaves (purchasable as a set only)...paid 4500
The original purchase was made by me on my credit card - unfortunately no records kept by myself or seller - since purchase was made in 2006...VISA discards records after 7 years, seller too, email account un recoverable...
I have held possession of the instruments since separation - offerd her half the value IF i was able to use them and recuperate their purchase price at some point in the future...she agreed...6 years later; she wants the cash...
What can she do? What should I do?
Submitted: 8 months ago.
Category: Canada Family Law
Expert:  Legal Ease replied 8 months ago.
I'm not quite clear of all of the facts just yet.When you settled and signed the separation agreement how were these instruments treated?And when exactly did you sign the separation agreement?When exactly did you separate?
Customer: replied 8 months ago.
Instruments were left as to be determined...
Agreement signed in summer 2010
Separated February 2010
Expert:  Legal Ease replied 8 months ago.
Is this the first you've heard of this issue?Was the agreement signed in Ontario or Quebec?
The fact.
Customer: replied 8 months ago.
We made no official divide of the instruments and I simply kept them in my possession. Only now, 2 years after custodial settlement is she trying for more money essentially, by way of these instruments...This is the first I have heard of this issue in 2-3 years....and was the only asset we did not agree on...simply because it is a set, and if there is no use for them theres no reason to claim half their value as part of the separation...so it was left undetermined...Agreement signed in quebec...
Customer: replied 8 months ago.
Quebec agreement - no news about instruments in 2 years - no official decision about instruments upon separation when agreement was signed - all other assets settled
Customer: replied 8 months ago.
did some looking its been more than 4 years since I heard from her about these instruments
Expert:  Legal Ease replied 8 months ago.
It is not likely that she can pursue you for these instruments now. The limitation period for suing in Ontario is two years and in Québec is three years. As you are clear that she could have claimed these instruments or half the value of these instruments four years ago then that's when the limitation period arose and she did nothing about it and now it is too late.Does that answer your question?

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