Settlement payout was used on my husband, do I get this back?

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before my husband and I were married I got a settlement from a car accident I was in. The money was spent on him and me. He also had a gambling problem and I paid off his debt. Does he owe me this money back?

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: It depends. I need to ask you some questions before I can say for sure. I will state that what you bring into the marriage (called a “deduction”) does matter, in relation to the overall property settlement. In addition, section 5(6) of the Family Law Act allows for an unequal division (“less sharing”) based on fairness considerations, such as gambling. However, I would need to speak with you to ask questions, before commenting on whether this section might assist you based on your unique facts.

I invite you to telephone me at: (877) 668-9386 for a free consultation, so that I can provide proper guidance to you.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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