What is the statute of limitations in Ontario, Canada regarding division of matrimonial home under Separation Agreement. Parties signed Separation Agreement, agreement was duly witnessed, and filed with Court. Can ex-husband bring application to court asking for more money from the home two years after division of property was effected. Ex-Husband received independent legal advice before signing separation agreement and signed a receipt for payout of his share of matrimonial home.
Thank you.

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Originally Posted by Maggie Light

What is the statute of limitations in Ontario, Canada regarding division of matrimonial home under Separation Agreement. Parties signed Separation Agreement, agreement was duly witnessed, and filed with Court. Can ex-husband bring application to court asking for more money from the home two years after division of property was effected. Ex-Husband received independent legal advice before signing separation agreement and signed a receipt for payout of his share of matrimonial home.
Thank you.

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I am not in Ontario but from what I read iin the law, once the separation agreement is signed and filed it is in full effect UNLESS the terms of the agreement are not met within a specified time.

For example, if husband is to receive $X within 2 years and does not, yes, he can move to set the agreement aside.

If he has been "paid" in accordance with the agreement and all conditions are met, it's all over and the agreement stands.