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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101431
Experience:  Lawyer
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I am a woman in a separation process now which formally

Customer Question

I am a woman in a separation process now which formally started in last November in Ontario in Canada when my lawyer served my ex. It is a file in family court and no application unfortunately for superior court included to deal with the property division issues. I am waiting for the third case conference in January to deal with the access and custody issues as I have a 5 year old daughter. we also have a a condo which non of us live in and is vacant but have not reached with my to the point to divide as he wanted to buy me out first but the price and other unreasonable requests stopped it and also did not agree to put it in the market. my lawyer force me to start an application on superior court for this but I am hesitant as it is so lengthy and frustrating besides I need probably pay the half of the claim to the legal fees. I hope we can still negotiate about this. recently my situation has changed as My parent will be joining me in January from back home to live with me and I need to accommodate them who both have physical issues. this means I need to move to a new place from my current rented apartment. I am planning to buy a house which needs a 10% down payment ( planning to pay by my line of credit). any how I was advised to get a legal advice before putting any offer to any property. this is somehow time sensitive for me and could not get a hold of my own lawyer yet. IS IT SAFE TO BUY A NEW PROPERTY WHILE STILL IN SEPARATION PROCESS? MAY I LOSE THIS NEW PROPERTY ANY HOW WITH EQUALIZATION OR PROPERTY DIVISION DOWN THE ROAD?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

We cannot give you legal advice online. Only your own lawyer can give you legal advice. If you would like I can explain how the law works but I certainly cannot give you actual advice. That is strictly prohibited.

Customer: replied 1 year ago.
I need to know the general rules that apply to situations similar to me in province of ontario
Customer: replied 1 year ago.
should I wait?
Expert:  Debra replied 1 year ago.

The law is that generally assets acquired after separation are never shared.

The only real exception to this is when an asset that is acquired after separation is purchased with monies that are family assets.

So if you were putting down a down payment from a line of credit then that is not a family asset that you are using to purchase the home and then in most cases the value of the home would not be considered when you arecdealing with the division of property.