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ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3531
Experience:  Over 10 years litigation experience in family, criminal, and civil law
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I separated from my husband 15th March 2014, he opened up s

Customer Question

Hi, I separated from my husband 15th March 2014, he opened up his own business within days of splitting, and is now opening up a second one, can I claim half of these in divorce ?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  ulysses101 replied 1 year ago.

Hello, thank you for the question. What province are you in?

And just to confirm, you are legally married? For how long were you married? When did you separate?

What step are you at in the litigation? Did you claim a property division in your application?

Customer: replied 1 year ago.
We married in 1999 and so far I have only been to court for child support and custody , my ex is trying to bring my inheritance that I was left by my grandma in 1012 it was never put in a joint account or invested into anything just I'm my name.
Customer: replied 1 year ago.
I live in Alberta
Customer: replied 1 year ago.
Separate in March 2015
Customer: replied 1 year ago.
Sorry March 2014
Expert:  ulysses101 replied 1 year ago.

OK, thanks for those details.

You aren't technically entitled to half of the businesses that your ex started. But if he used family money to start the businesses, he still owes you your share of that.

Let's say that we separate and we have $1million in the bank. I take it all and start my own business the next day. You don't get half the business because I started it after we separated. But I still owe you a half million dollars.

Does that make sense?

If you have a lawyer, you certainly will want disclosure as to what funds and assets went into these companies and where that money came from. This could be a clue as to him having been hiding money prior to separation, which he then used for the businesses right away after separation.

If there's litigation going on right now in divorce court, you will want to consider amending your application or the relief sought to include an accounting and division of the net family property. Talk to your lawyer about this, and if you don't have one then I recommend that it's time to get one.

Does that answer you? If there's more to discuss then please reply. If you're satisfied that I've answered you (even if it wasn't what you wanted to hear) I'd appreciate a positive service rating please.

Expert:  ulysses101 replied 1 year ago.

Hello, I haven't heard from you after writing a long answer. Did it help? Is there more to talk about?