Hello,

My ex-wife still owes me money from our separation. We had agreed that she would give me $15,000 (minus any mortgage arrears at that time, which was $2400), and she would take over the mortgage and it (the house) would be put in her name. She gave me $3,000 in Aug/04, I have tried to collect the balance but she refuses to pay, and even denied that she EVER owed me that money in the first place. (I have emails of her denying this)
I also have a signed separation agreement, signed by her Lawyer, her and myself dated Aug/04, that stipulates all of the above, Is it too late to take her to court for this?
Any help would be greatly appreciated,
Sincerely
Down and Out
Ontario, Canada

You need a good lawyer asap. I don't know that there is a limit but you need to sit down with a lawyer and go over all your problems.

Quote:

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Originally Posted by 12stringcanuck

Hello,

My ex-wife still owes me money from our seperation. We had agreed that she would give me $15,000 (minus any mortgage arrears at that time, which was $2400), and she would take over the mortgage and it (the house) would be put in her name. She gave me $3,000 in Aug/04, I have tried to collect the balance but she refuses to pay...
I also have a signed seperation agreement, signed by her Lawyer, her and myself dated Aug/04, that stipulates all of the above, Is it too late to take her to court for this?
Any help would be greatly appreciated,
Sincerely
Down and Out
Ontario, Canada

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The separation agreement is usually "incorporated into" the decree of divorce, and has become an order of the court. If this is what has happened in your situation, then she is possibly in contempt of court. You will likely need to file a motion to hold her in contempt and present your facts to a judge. It is probably not too late.

[QUOTE=12stringcanuck]Hello,

My ex-wife still owes me money from our separation. We had agreed that she would give me $15,000 (minus any mortgage arrears at that time, which was $2400), and she would take over the mortgage and it (the house) would be put in her name. She gave me $3,000 in Aug/04, I have tried to collect the balance but she refuses to pay, and even denied that she EVER owed me that money in the first place. (I have emails of her denying this)
I also have a signed separation agreement, signed by her Lawyer, her and myself dated Aug/04, that stipulates all of the above, Is it too late to take her to court for this?
Any help would be greatly appreciated,


I'm not sure about Canada but in the US it is NEVER too late to enforce a separation agreement - which should have been incorporated into the divorce.

Hello again - I just read your other post. Perhaps if the posts had been combined you would have received answers that were more clear.

It appears you were back in Court in June 2007 and this whole "you owe me money" subject did not come up. Why didn't you bring it up then? Once Attorneys start challenging you to a fistfight you need to either find another Attorney (and I realize it was your ex-wife's Attorney who set forth the challenge) who will better represent you OR stop bothering the Court.

Sounds like a mess all the way around.