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Law.Hut
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Category: Canada Law
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I currently have two cemetery plots that I purchased back in

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I currently have two cemetery plots that I purchased back in 1980 when my first wife died.
These are both 4 grave plots, where you intern two per grave. These are both side by side in the Mount Pleasant Cemetery here in Toronto. These are on the east side of Mount Pleasant. In May of this year the law was changed where you can now sell those rights and I have seen adds in the paper and on Kijiji for other plots at Mount Pleasant.
The first plot is in use as my first wife is buried there and since then I have also buried her mother and father there. The plot next to it is mine and I am thinking of selling it or selling the rights to it.
On the Mount Pleasant Website 2 grave plots are starting at $25K and I cannot find out what mine is worth as it is not listed.
When I did call them last year about selling this the law was in place to allow this at that time. They said that if the law is changed I would not be able to sell it without a copy of the deed. I have not been able to find this deed. I have remarried since then and separated since then which means I have moved 4 times since then and I cannot locate this paperwork.

I know I am on file there with them, I have dealt with them in the past as I had to sign paperwork to allow my former in-laws to be buried there.

As they have records of all their plots etc should they not be able to provide me with a copy? I am concerned that if I say I don't have a copy that they could then play with their records and simply put it back in their possession saying I never did purchase it.

How do I go about this?

Also my ex wife has caught wind of this as is asking questions and feels that this was undeclared assets at the time of our legal separation. She did know about as she did state at the time that they were thinking about going after 50% of the value. This plot was bought way before I even knew her.

1. Are they obligated to provide me with a copy of the deed/paperwork if I go in and ask for it?
2. If they realize that I do not have the deed what is preventing them from just saying that it is part of their inventory and I have no rights to it?
3. Can my ex still come after me to get some the money if I were to sell it?

I am looking at selling it as I want to use the money to try and get rid of my debts or as much of it as I can.

Do I pay tax on the money from the sale?

Thank you.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Fran-mod replied 2 years ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
I am not in too much of a rush so I can wait but if you are capable of addressing it I am okay with that too.

Thank you,

Brian
Expert:  Fran-mod replied 2 years ago.
Thank you for your continued patience. We will continue the search for a professional for you.
Expert:  Law.Hut replied 2 years ago.
Hello:The cemetary would not have an obligation to give you a copy of the deed. But that does not mean that they can legally take the plot away from you or deny it is yours. If they do, you can sue, and as part of the lawsuit you would be able to demand production of records held by the cemetary to prove your claim. The fact that three family members of yours are buried there and there is undoubtedly paperwork about this will make it difficult for them to deny your claim.Can they alter or destroy paperwork to defeat your claim? Yes. That would be fraud, and you unfortunately may have no choice but to approach them about your lost deed (which they must deal with all the time), and trust that a large business is not going to risk lawsuits, and criminal charges, and very negative publicity, over what is o them a relatively small amount of money. You may have no other choice given your lack of paperwork, but if they want to cheat you then your lack of records might make that easier for them.Your ex wife will not likely have a valid claim. The asset was owned prior to marriage. It apparently had no market value at the date of the divorce if the law would not permit a sale, so there was n increase in market value during the marriage subject to division. She knew of the asset at the time your divorce was settled. The law is that a divorce settlement can be set aside if there is fraud, or a spouse has concealed or withheld information about a divisible asset. That is not the case here. Once the division of property is complete, if assets held by the individual spouses happen to go up, or down, in value, the gain or loss is taken by the owning spouse only, and is no longer subject to being shared with the former spouse.Upon a sale, the proceeds above the amount paid for the plot will be subject to income tax, as a capital gain. I hope this addresses each of your questions.
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Category: Canada Law
Satisfied Customers: 7536
Experience: with over 15 years experience.
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