Property division is often the most contentious and complicated part of a divorce. Owning foreign assets can further exacerbate the toughness involved in valuing the marital estate and fairly dividing assets due to any of the following:
Foreign countries may not enforce Canadian court orders.
Foreign assets are subject to the taxes and laws of that country.
Valuing foreign assets may take...
The average Canadian receives just under $100,000 from inheritances. That’s a good chunk of money that can go towards renovating the marital home or paying off debts. Depending on how the inheritance was used during the marriage, couples may disagree on how the asset should be divided during the divorce. Those who inherited money or assets may be at risk of losing a portion of it to...
If a person has an interest in a Trust does it form part of their NFP?
To recap, 1n 1994, John White did an estate freeze. The result of the freeze was that he held $300,001 Class A preferred shares, with a fixed value of $1.00 each, in John White Family Holdings Ltd., and the John and Ann White Family Trust held ten common shares in Holdings.
Holdings, in turn, held 100 common shares of the...
If a person owns preferred shares in a holding company, which owns a trust, does the entire value of the Trust form part of that person’s NFP?
(1) Should the entire date-of-separation value of White Holdings (“the Corporation”), a corporation of which your client, Mr. White, holds the preferred shares, be included in your client’s NFP; and
(2) Is your client entitled to credit for overpayment...
Does a monetary deposit with a promise to transfer a property in the future, confirmed by a Promissory Note, constitute an interest in the property under the Family Law Act?
This is indeed an unusual situation in that there are a number of ways that the issue can be approached. Frankly, I do not see any way that the wife can claim the husband has an interest in the property. There is no...