Can Someone Outside Your Marriage Make a Claim During Divorce
Posted on August 21, 2024
Beyond the emotional heaviness of the situation and the social implications, divorce can be particularly challenging financially for spouses navigating the division of complex assets in Ontario. In most cases, assets are split evenly in the event of a divorce in Ontario. Still, there are certain situations where business partners, family members, or co-signers—might have legitimate claims that can complicate matters. If you are in the midst of a separation or approaching asset negotiations, contact the Karrass Law team. Our family lawyers specialize in complex division of assets so you can make a strong claim for what you’re rightfully entitled to.
Here’s what you need to know about third-party claims as they relate to your complex division of assets in Ontario. For more insight and guidance, book a legal consultation at Karrass Law.
Third-Party Claims in Divorce Proceedings
Third-party claims in divorce proceedings can arise under various conditions. These claims are typically based on financial interests, debts, or property that involve not just the spouses but also other individuals or entities. However, in some cases, they may be the result of outside sentiment or connections. In each situation, a third-party claim can complicate your division of assets. If you’re concerned about your division of assets from business ownerships and investments to debts and matrimonial homes, contact Robert Karrass, an experienced civil litigation lawyer and family lawyer in Toronto.
Here are some of the most common situations where someone outside a marriage might make a claim during a divorce’s division of assets.
Business Partners and Co-Owner
Businesses are often contentious in divorce, especially when you have a family business that generates income for both spouses. If that business has outside investors or partners, the division of assets during a divorce can quickly become a significant issue requiring the support of a civil lawyer in Toronto specializing in the complex division of assets. When third parties are concerned that the division of a shared business in the divorce could negatively impact their interests, the outside partner may file a claim for their share of the company to prevent it from being divided in the divorce settlement.
Family Loans and Joint Debts
When loans are debts existing with families during a marriage, one of the people who have lent money may make a third-party claim to try to reclaim their financial investment. This can apply to co-signed loans and other shared financial ventures. In these situations, rely on the expertise of a family lawyer who can help determine how these debts should be divided between the spouses. Start by booking a legal consultation with the Karrass Law team, where our experts will provide tailored legal advice on how to deal with claims from third parties to avoid further legal complications.
Jointly Owned Properties
Real estate and other jointly owned properties can be another area where third-party claims arise, complicating the division of assets in a divorce. If a property is owned jointly by one of the spouses and someone outside the marriage, such as a sibling, parent, or friend, that co-owner might have concerns about how the divorce will impact their ownership. They could file a claim to protect their share of the property from being divided or sold as part of the divorce settlement. This can get even more complicated when the property being divided is the matrimonial home, which follows a different set of legal stipulations from other types of property.
A family lawyer can play a critical role in these situations by helping to clarify the ownership rights and ensuring that the division of assets is fair and legal. If necessary, our civil litigation lawyers can also be involved in representing the interests of the third-party co-owner.
Trusts and Inherited Wealth
If a trust was established by a third party, such as a parent or grandparent, to benefit one of the spouses, the trustee or other beneficiaries might seek to protect the assets in the trust from being divided as part of the marital estate. They may argue that the trust was intended for the benefit of the specific spouse and not as a marital asset subject to division. If you are concerned about how inherited wealth or trusts are distributed, book a legal consultation with our experts, who are experienced with complex division of assets. Our civil lawyers will help you determine what you’re rightfully entitled to and will build a strong case with you to claim your share.
How to Address Third-Party Claims
When you’re dealing with a complex division of assets, your spouse can make matters difficult enough. The introduction of a third party can make the situation even more complicated. When dividing assets, it’s vital that you protect your interests by working with an experienced family lawyer. When you work with the Karrass Law team, you will get the insights and expertise of our family lawyers, who are also experienced civil litigation lawyers.
Manage Division of Assets with Family Lawyers at Karrass Law
Divorce is rarely a simple process, and when third-party claims and complex assets are involved, it can become even more challenging. A family lawyer with experience in handling complex divisions of assets is indispensable in these situations. From negotiating settlements, filing motions, and representing your interests in court in front of a judge, you can count on Karrass Law for a comprehensive approach to your case, even when made more complicated by third parties.
When disputes arise, having a civil litigation lawyer on your side can provide the legal muscle needed to protect your interests in court. Streamline your division of assets with legal advice from our trusted family and civil lawyers near you at Karrass Law.
Contact us today.