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EQUALIZATION RIGHTS AFTER LENGTHY SEPARATION

FWSM1964's picture
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In Ontario, does one relinquish one's claim to equalization if one has been separated for over six years?

tog redux's picture

I am not Canadian, but this seems to imply so:

https://familyllb.com/2011/04/01/wife-misses-deadline-for-claiming-equal...

He needs to talk a lawyer, though - his case is complicated. This says the 6 years is only if there is not a "reasonable chance of them cohabiting again", and given your SO's behavior through the years of playing Happy Family, she may have a case that she thought he was returning to her. 

FWSM1964's picture

Actually, "happy family" would work in our case as she has undisclosed net family property (assets in her name) that she is unwilling to share with him.

He pays the mortgage and taxes on the matrimonial home as well as the monthly rent on an apartment, so my partner has no secret pockets of cash.

FWSM1964's picture

Thanks, Tog!  This is helpful.  Thanks for finding it for me.

Actually, "happy family" would work in our case as she has undisclosed net family property (assets in her name) that she is unwilling to share with him.

He pays the mortgage and taxes on the matrimonial home as well as the monthly rent on an apartment, so my partner has no secret pockets of cash.

tog redux's picture

Maybe not, though, if she uses it to claim she thought he was returning to her.

He's paying for her home?  That's craziness. If he's trying to stop doing that now, no wonder the kids are angry at him. I'm sure BM feels totally victimized. She may be able to say that the fact that he's still paying made her think he was returning to her.

Him dissolving this marriage will be messy, just plan on it.

FWSM1964's picture

Hi Tog: 

The matrimonial home is in both their names, so he is working on paying down 50% of the debt.  So too is BM. Technically, it should be more 40 him/60 her, but this is the way that it's been for years.

BM is such a frivolous spender that she wouldn't be able to afford the house on her own or to buy him out.  He can't afford anything because he is paying rent as well.

Because of COVID and reduced incomes, BM is worried about losing the house to the bank lately and has asked my partner if he would like to sell.  I'm encouraging him to say yes so that the property division and divorce happen hand-in-hand rather than waiting for enmeshed and entitled SD's to move out.

My narc XH paid nothing towards any of the family expenses, matrimonial home or otherwise.  However, he got the full benefit of the value of the house when it sold. However, my narc XH is a parasite; my partner is not.

Regarding him paying as a means to believing him that he is returning to her, I wonder if that would stand up in court?

tog redux's picture

I don't know. From what I read on here, Canadian courts favor women even more than US courts do - but the money stuff is usually pretty cut and dry. Of course he needs to encourage her to sell the house, why would he not?  He really needs to stop worrying about BM's well-being and that of his adult kids and pull the plug on this marriage.  Things will settle out one way or the other.