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Answered in 14 minutes by:
6/26/2013
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 6,163
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
VerifiedUlysses101 :
Hello, thank you for the question.
Ulysses101 :
Your wife has heard, I'm sure, that personal injury settlements aren't divided as family property when a marriage breaks down. Same as an inheritance.
Ulysses101 :
But if the settlement or inheritance is wrapped up in the joint property then it generally isn't excluded from division. In fact, it's gone.
Ulysses101 :
By putting $100,000 into the mortgage, she's taken "her money" and made it "your money". The value of the matrimonial home is divided.
Ulysses101 :
Now, she can claim that the first $150,000 of the family property is hers alone because of the settlement, but if I'm a judge I wouldn't grant that request.
Ulysses101 :
Does that make sense? Please reply before rating the service if you wish to discuss this further.
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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 6,163
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
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