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A.Davis
Aug 4, 2011, 11:27 AM
Hi I am separted now for just a little over a year now and would like to now file and get my divorce over with. I did inherit a family property when my family passed away. The property is split 1/3 between my step mother myself and my sister. I am wondering if this is protected under any family laws in Canada. I am worried he is going to try and take this from me or try and take half the proceeds of what it is worth even though I am not willing to sell it at all. If he did try and take half of my share would he get it? If so how do I pay for it without getting a loan because I have bad credit? Am I worried over nothing?

ebaines
Aug 4, 2011, 11:33 AM
Assets that you inherit while married remain with you through the divorce (assuming that the property is titled separately). Of course everything is negotiable, but in general your ex has no claim to the property in question.

JudyKayTee
Aug 4, 2011, 11:52 AM
I would follow your own advice, the three magical words - ASK AN ATTORNEY.

In general the "inheritance" (if it is that) belongs to you BUT once it's co-mingled you could have a problem and it will be a bargaining chip in the divorce.

Are you legally separated or "simply" living apart/separately?

A.Davis
Aug 4, 2011, 12:04 PM
Living apart nothing is legal yet. The title is in my name alone.

JudyKayTee
Aug 4, 2011, 12:45 PM
Your own advice is the best advice - CONTACT AN ATTORNEY.