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Debra
Debra, Lawyer
Category: Canada Law
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I have compiled a list of jointly owned household items (furniture

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I have compiled a list of jointly owned household items (furniture etc) that was purchased by us between the date of marriage and the date of separation. She emptied the house of almost everything without my knowledge the same day the sold sign went up on our home. I had taken pictures of all of the house contents prior to the sale of our home and pictures showing the empty rooms after she had taken everything. I have repeatedly asked her for a list of what she wants to keep and to assign a $ value to everything that each us currently have (with no response from her for 3 weeks now). Would a judge split the assets if I submit a list with fair market values (with documentation showing the value of similar used items)? I am not sure how to proceed to resolve at this point as the value of the contents she currently has is approximately $16,000 and the value of the items I have is approximately $2000.

Debra Thal :

Please remind me if all the other assets have been considered yet/

Debra Thal :

What I want to know is if there is still outstanding issues relating to the other assets?

Customer: The house has been sold and we are going to court next week over the boat
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The chat was not working unfortunately.

The way this works, most of the time, is that each asset is not considered separately but the whole picture is looked at, all at once.

So really the boat and any other assets should all be considered at once.

At the end of the day your positions need to be equalized.

So you should add up the value of the assets you have and the ones she has taken and take those totals as part of what you each have.

If the boat is to be sold then if the value of what she took is more than what you are left with you should get a greater portion of the sale proceeds from the boat to equalize your positions.

Do you see what I mean?
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Customer: replied 3 years ago.
I see what you mean but the boat is being treated as a separate issue. We are returning to court next Friday over it. I have offered her 3 options for the boat 1) I buy her out of the loan and give her an additional $10,000 (which is more than she would get if the boat was sold via a broker. We each have obtained appraisals for it and when the 4
appraisals are averaged she would not get $10000 as her share. Option 2) We list the boat with the broker of her choice for a set period of time after which I can buy her out at a set price. Option 3) She can buy me out of the boat.

She will not respond to anything regarding household contents.......which is what I am trying to tackle next.
Then you will have to add up what she has and what you have in terms of a fair value and she will have to pay you an amount to equalize your positions.
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Customer: replied 3 years ago.
I understand that but she is unwilling provide a list with $ values for the items and when and if she finally does I sure the dollar values will be well below actual replacement cost. How to I get this issue resolved in a timely manner? If I motion her back to court will a judge assign a dollar value?
You make up a list based on what you remember and value them items based on what you feel is fair.

And bring evidence, if you can, about their worth.
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