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Can my father can still come after the money on the house?

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Anonymous Asked:

My mother wants to divorce my father. Once they sell the matrimonial home and split everything, my father won't be left with much but my mother has her inheritance. She been wondering if she buys a new house and puts it under my or my sisters name, can my father can still come after the money on the house?

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Your mother needs either a signed separation agreement or a Court Order. Without one of these two documents being finalized your father will have up to the applicable limitation period to make any property claims that he may wish to make. Any such property claims would be determined based on the parties’ separation date, which is also known as the valuation date. Thus, to be careful, your mother should seek proper legal advice and a proper legal resolution (separation agreement or Court Order, as noted above), rather than just dividing the assets of her and your father and then hoping that he will not make any further claims against her. If your mother wishes to receive proper guidance she is welcome to telephone me at 866-557-3222 for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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