1-877-797-9411
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

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

Anonymous Asked:

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 fair settlement financially it is my understanding that the court could order the home to be sold and assets split. If this happens I could not afford to buy or even rent a suitable home or apartment for myself and my children. What options are available to me for extending the deadline or a fair settlement if he is unwilling to be flexible?

Expert Comment:

Subscribe
Notify of
1 Comment
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
8 months ago

Thank you for your question.
 
Limitation periods vary by Province. As an example, in Ontario the limitation for making a property claim is 6 years from the date of separation, or 2 years from the date of divorce, whichever comes first. However, the Family Law Act does permit, in certain circumstances, the extension of these limitation periods. However, a person should never assume that a limitation period will be extended. As such, as you believe that a limitation period may expire this August you should immediately speak with one of our lawyers about whether you should be protecting the limitation period. If you should be then you should take steps to have Court commenced to protect the limitation period. If Court is commenced you do not have to immediately serve the material, rather you can then seek to negotiate a resolution and then, only if necessary, serve the material (if you are in a jurisdiction where there is no case management).
 
In contrast, you may actually wish the limitation period to expire depending on your facts. For example, if the home is only in your name (you have not provided this information in your question) then you may actually want the limitation period to expire as he would be seeking part of the home (if only in your name) through the equalization of property process that is subject to the limitation periods.
 
In short, these are complicated issues and you should contact one of our lawyers, in the jurisdiction where you reside, to have a free consultation and take steps to protect the limitation period if that is what is best for you based on your unique facts.

Latest Questions Asked:

DC Icon

Can my ex win full custody on the with no grounds of merit

My ex partner and I have joint custody of our daughter and have so for the past 7 years. My ex served me papers wanting full custody and for my child support payment to quadruple effective in 4 weeks time. I love my daughter dearly and see her 50% of t ...

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

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
magnifiercrosschevron-down
1
0
Would love your thoughts, please comment.x
()
x