Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

How is Division of Property enforced?

Fill out the form below to receive a no-obligation consultation

Anonymous Asked:

Hi, I am divorcing my husband because he cheated on me. We have both agreed that he pays me some amount in lump sum in 1 month and I leave our condo to him, but I am afraid I will never get the money, because he does not have any cash to pay me and he does not plan to sell the condo until next year. Besides, he always lied to me, so I cannot trust him at all. How is Division of Property enforced? What if he does pay me the amount written on the agreement after we divorce?  Is there anything I can do?

Expert Comment:

Notify of
1 Comment
Newest Most Voted
Inline Feedbacks
View all comments
Jennifer M. Long, B.A. J.D.
5 years ago

​I​ strongly advise that you consult with a lawyer before you sign any agreement ​about property division or any other matter ​to ensure that your property has been fairly divided and the lump sum amount you are referring to is ​fair to you. Also, you should not transfer your interest on title to the condo (if you are on title) to him until you are paid or at the same time you are paid. Furt​hermore, if this condo is the property you both have lived in during marriage, it is likely considered a "matrimonial home" and you have the right to remain there ​unless there is a proper buy out, agreement and/or court order. In other words, you should not transfer your title ownership or sign off on anything until you receive advice from a lawyer on the property issues as they can be complex. Also, I generally do not recommend that one transfers title of a property to the other spouse until you are paid what you are owed as part of the property division. Again, I ​strongly ​urge you to speak to a lawyer about your situation in greater detail ​so you can be properly advised as to your rights.

Latest Questions Asked:

DC Icon

Simple Divorce

We have already settled support and property division so it is just a matter of getting a divorce. He wants to serve me with papers, or have me go to his lawyers since I am not protesting the divorce do I have to do anything and will it cost me money? ...

DC Icon

Is the 6 year rule for settlement of home and assets written in stone or can it be extended?

My husband and I have been separated for 6 years this coming August. Can I ask for an extension to the time limit or can it be extended at all? If my husband who has moved out and is living with someone else and has a home together will not agree on a ...

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

See All Questions
Would love your thoughts, please comment.x