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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3476
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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I am currently going through a separation and feel my lawyer

Customer Question

I am currently going through a separation and feel my lawyer is not doing a very good job... I have nothing and yet in the end it says I have to pay my ex 80,000 dollars.. because I get surviver pension from his omers pension.. I don't know what to do .. whether or I need to get a new lawyers.. I have nothing he has everything .. houses cottage . everything
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I am in Canada , ontario
JA: Has anything been filed or reported?
Customer: he did own 2 houses before we were married but refuses to give up the value of these 2 house. we used one for the matrimonial home for 9 years
JA: Anything else you want the lawyer to know before I connect you?
Customer: these 2 homes seem to be a issue with the financial end of things , seem to be causing problems on my end..
Submitted: 8 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 8 months ago.

Hello, thank you for the question.

How is it that you owe your ex $80,000 when the homes haven't been valuated or entered into the equation?

Customer: replied 8 months ago.
Because the survivors benefits from his omers pension is valued at 140,000r
Customer: replied 8 months ago.
I don't think my lawyer is doing a very good job looking out for my interests,
Expert:  Ulysses101 replied 8 months ago.

I don't know if you asked for a phone call or if the site is pushing it as an additional service, but I don't do calls. This is a US based site and isn't a law firm.

Property division is complicated. When the parties are married, they split the increase in the value of their joint wealth while together. Some things are excluded from division, and the matrimonial home's equity is divisible equally too.

There's a lot of exclusions, rules, case law, etc..

Regarding your question, don't assume that your lawyer is doing a bad job just because you owe your ex a share of the pension. That's how it works, and the best lawyer in Canada can't change that. But don't assume that you're going to get the shaft either; the value of those properties you mentioned hasn't been added in yet.

It's easy to get estimates for property value. Either get a few agents to do a drive by and take the average, or pay a few bucks for a fulsome report from a property valuation professional. I recommend the latter.

So why do you think that your lawyer is not doing a good job? You're free to change lawyers of course, but I don't recommend that unless you feel like you have to.

Customer: replied 8 months ago.
I have nothing and I ma not bring explained as to why the survivors benefit is bring added to my net worth when I can't even get to it for probably 10 years,. He had everything, a home in Florida a home on Canada everything

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