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I am going through a divorce in .C. My question is about the…

I am going through a...

I am going through a divorce in B.C. My question is about the house. We were not togeather in 2006 when I bought the origional house in Calgary. I owned this house for one year and twenty days and sold it. I ported the mortgage to a house in Lake cowichan
BC. I bought the house for 235000.00 . I took the mortgage for 155000.00 . I had to take out 60000 in a second mortgage against the house. I now owe about 170000.00 in total. In the last 4 years I have replaced almost all of the appliance and install3ed a
heat pump. I replaced over 100 feet of fence and built a deck. Altogeather the cost was about 20000.00. The house is still not worth any more than I paid due to the recession ect. In August of 2010 she moved in with me for just less than a year we split and
she got her own place for about 3 months. She then moved back in. In August of 2013 we got married. In August of 2015 we split up. We have been seperated since. I am trying to avoid court. I have already agreed to split our rrsp in her favour. She had 36000.00
of her own rrsp. Her mother gave her 16000.00 Her dad left her 5000.00. She invested the rest while she was living with me. I had 50000 in rrsp. 25000 in pension. 10000 in tax free savings account. About 7000 in regular savings. Plus she got the majority of
the furnature. About 7000.00 worth. I also bought a 25000 motorcycle. 11000 was from a investment I cashed in. I made this investement long before she was around and left it sit. My question is; what would the courts or a mediator say a fair split would be.
I have already given her 10000 from my rrsp account transfered tax free to hers.

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11/20/2015

Family Lawyer: Legal Ease, Lawyer replied 6 years ago

Legal Ease, Lawyer

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The facts are a bit hard to follow. How long were you together for once toy started living together and married before the separation?

Customer reply replied 6 years ago

Together from spring of 2011.. Married in August 2013. Separated in August 3015Married just shy of 2 years. Together just over 4 years all at once. On and off several times over the previous years

Family Lawyer: Legal Ease, Lawyer replied 6 years ago

This relationship is considered to be quite short. Generally, courts treat relationships differently when the relationship has lasted less than five years. Four years is close to the five years but it is still short.

Generally, the law is that all assets acquired during the relationship are shared equally. The only exceptions are for gifts and inheritances.

As well, generally, the increase in value of all assets brought into the relationship are also shared.

However, the court has discretion and can decide not to treat both spouses as if they are entitled automatically to half of the value of all of the assets. The main time a court decides not to do the 50-50 sharing is when the relationship is of a short duration. Then, the court will know more likely look at

contributions to the value of the assets.

So I suggest that in your case you consider who contributed to each value to the value of each asset and go from there.

Does that help?

Customer reply replied 6 years ago

I paid for almost everything. She was responsible for the shaw bill and the hydro. She never bought anything as far as the house goes. Lots of times I even paid the Shawn and hydro. She did by some fur store with an inheritance from her dad. Approximately half the value of the fur attire she took with her.I am most concerned with the house. I have offered her a final settlement of 35000 of my rrsps. Do you think that is a fair settlement?

Family Lawyer: Legal Ease, Lawyer replied 6 years ago

No. I think you are giving her too much. If she did not contribute anything it's not likely the court will give her much because of the short duration of your marriage and cohabitation.

Legal Ease, Lawyer

Category: Canada Family Law

Satisfied Customers: 143,500

Experience: I am a practicing lawyer and have also been an online professional for 12 years.

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