The Rural Voice, 1982-04, Page 26HOEGY
FARM SUPPLY LTD.
Brodhagen, Ontario
Tel. 345-2941
After hours 345-2243
*BARN WASHING
AND DISINFECTING
*CATTLE SPRAYING
For Lice and
warble control.
CIL FERTILIZER
• Accurately spreads impregnated fertilizer
• Spreading Capacity 20 tons per hour
PIONEER & PAG SEEDS
Cereals - Grains -Small Seeds
•Seaforth *Brodhagen
•Dublin
*Mitchell
1R -
PG. 24 THE RURAL VOICE/APRIL 1982
GUEST COLUMN
Dividing assets
in the case of separation
A controversial aspect of The Family Law Reform Act of
Ontario is the division between separated spouses of their
various assets.
These property provisions apply only to spouses and not to
common-law spouses. The Act provides for family assets to be
divided in equal shares between spouses, s•tch assets being
those used by or for the family regardless of who purchased
them. Common examples of family assets are the family
home, cottage, car and household furnishings. The basic
50-50 split can vary in that one party could get a larger share
than the other depending on factors such as the length of the
marriage. length of cohabitation during marriage, length of
the separation or whether the particular item was received by
one party by gift or inheritance.
Sometimes one spouse will have substantial business
interests or investments in his or her name alone with which
the family has had no connection. Such might include the
family farm property and business (apart from the farm
residence). The other spouse may claim an interest in these
non -family assets if the family assets have been unreasonably
squandered or if it would not be a fair result to divide only the
family assets without also dividing the non -family assets in
some way or if the claiming spouse has contributed to the
acquisition, management, operation, maintenance or im-
provement of the non -family assets, either directly or
indirectly. This latter claim can be important where, for
example, a farm may be in the husband's name alone but the
wife has contributed a substantial amount of time to the
operation of the farm, including doing the chores regularly.
helping at planting and harvesting and doing the farm
bookkeeping. The amount which is divided is the equity in the
particular property, that being the fair market value of the
property less what is owed against it.
Means of dividing the property can include selling the
property and dividing the net proceeds or by one spouse
purchasing the interest of the other by cash or mortgage.
Another right which a spouse has in the matrimonial home,
regardless of ownership of the home, is the right to possess it.
This means that in law one is not entitled to change the locks
of the home to keep the other spouse out unless both have
agreed to such change or a court so orders. It is interesting to
note, however, the number of times that locks are changed
without agreement or order as a form of short-term self-help!
As court proceedings to determine the amount of each
spouse's interest in the assets can sometimes be lengthy and
costly, many spouses choose to resolve the outstanding issues
between them by mutual agreement entered into before,
during or after cohabitation. Such agreement must be in
writing, signed by the two spouses and witnessed.
If the parties have ceased to cohabit, a separation
agreement can be drawn. In a separation agreement, the
parties can determine the ownership of property; each
spouse's interest in the family farming business; the manner
in which assets are to be divided and when; the custody and
access to children; support for spouses and children, and who
has the right to possess the matrimonial home, among other
matters. It can be a flexible way to amicably resolve the issues
between the parties and is enforced by the courts as is any
other contract.
Some parties may wish to resolve the ownership of
[Cont. on page 32]