Legal separation and taxes

Anonymous Asked:

My husband and I are going to sell our house and separate. We have two kids, both of which will be living with me. I want a legal separation, but he refuses to pay for the cost. I was told that if we do not legally separate, then all of the debt and bad credit he has after our "separation" will also be mine, and that we cannot file taxes on our own without this legal document. Is this true? So far it is an amicable separation, but given his financially record, I really do not want to be on the hook for any of his bad mistakes.

Expert Comment:

Subscribe

0 Comments

Oldest

Newest Most Voted

Inline Feedbacks

View all comments

A Family Lawyer

10 years ago

You should ask the real estate lawyer if he/she can distribute the sale proceeds without a separation agreement. If he/she says no, then you could agree to use the sale proceeds to finance the costs of the separation. You may be facing a situation where he will deduct his debts on separation from his assets and if you and him have joint assets and you have no debts then this may be unfair. You should therefore talk with a lawyer of your choosing about any grounds to argue for an unequal division of the value of property on the basis of his recklessly incurring debts. You are required to file tax returns. The Income Taxes Act does not state that spouses who are uncertain about separation do not need or are unable to file tax returns. You should phone Canada Revenue to ask about the document to file after living separate and apart for 90 days. CRA has its own rules and forms.

0

Reply

More Q&A

Main Categories in Q&A

All Divorce Separation Children Property

Latest Questions Asked:

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions