Question
Jane and Cooper met on August 12, 2016. When they met Jane was working full time and owned a condo that she inherited from her
Jane and Cooper met on August 12, 2016. When they met Jane was working full time and owned a condo that she inherited from her late grandmother. Cooper was only working part-time because he was finishing his Master’s degree. He lived at home with his parents.
They decided to move in together when the pandemic began in March 2020. They did not sign any agreements before moving in together. They moved into a rented apartment together that is close to Cooper’s parents because they have some health issues so he wanted to stay near them.
They are contemplating getting married but Jane wants the big wedding so they have to wait until the pandemic is over and they can have big gatherings again. They have each started to save for the wedding. Jane has a TFSA account she opened for this in August 2020 and Cooper has a non-registered account he is saving in that he opened also in November 2019 that he will use for this purpose.
They provided you with the following information:
Ownership | Date accumulated | Asset | Value |
Jane | N/A | Savings Account | $ 6,200 |
Jane | N/A | Chequing Account | $ 1,550 |
Jane | May 2014 | Inherited Condo | $ 350,000 |
Jane | Oct 2015 | Car | $ 45,000 |
Jane | Mar 2017 | RRSP | $ 8,500 |
Jane | Jun 2019 | TFSA 1 | $ 12,000 |
Jane | Aug 2020 | TFSA 2 | $ 6,000 |
Cooper | N/A | Savings Account | $ 3,555 |
Cooper | N/A | Chequing Account | $ 2,100 |
Cooper | May 2019 | Car | $ 60,000 |
Cooper | Aug 2019 | TFSA | $ 5,200 |
Cooper | Nov 2019 | Non-registered | $ 3,850 |
Joint | Jan 2021 | Non-registered | $ 2,580 |
Cooper | Apr 2021 | Credit card debt | $ 1,665 |
Jane | Sep 2018 | Student loan | $ 12,900 |
Cooper | Apr 2020 | Student loan | $ 14,220 |
Required:
a) How would assets be divided if they split today?
b) How would this be different if they were married the same day they moved in together? In your response identify the relevant Acts that dictate the separation of assets.
No calculations are required in your response.
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