Married less than a year

[Fresh Starts]

Hi everyone...

I have a friend who has been married for less than a year. The house was/ is in her name. Was/ Is in her name even before she was married.

Her STBX has moved out of the house.... and wants a divorce.
He claims that he is able to take 1/2 of the house... but will settle for seven thousand dollars.

During the entire time that they were married he was unemployed ... only getting an unemployment check....

Can someone please tell me what her options are. Thanks

[Sk8r]

Personally, I'd give him the seven grand and thank heavens I didn't waste any more of my time.

[Duped]

I would think without knowing the specific details that the 7000 is a decent deal as just to fight it out culd cost more in legal fees.

Hope that helps and chalk it up to a bad decision and lesson learned!

Duped

[sufferer]

As per as i know because even be4 the marriage the house was under her name so the only thing he can claim is half of the increase in value of the house.So if within a year house value shooted up in between 10,000-14,000$ then his demand is justified.
But if you just want to punish him don't give him anything ,let him go to court and because there is no custody or support battle,take lv's advise and self represent yourself.And beleive me because he sounds cheap i don't think soo that he will be able to afford lawyer's fees..

[Sk8r]

I disagree with Sufferer. If you were married in Ontario, your ex has an automatic 50% interest in the WHOLE value of the marital home regardless of who owned it at the beginning of the marriage.

Furthermore, there is NOTHING ever to be gained by doing something just to "punish" another person. Let whatever animosity you have go and treat it as a business deal gone bad. You'll be a happier person for it and things will resolve much more quickly and with much less expense.

[serrona]

I can't imagine that this guy is entitled to half of the value of the home. That doesn't even make sense. I believe that the house will have to be assessed and if the home is worth 10 grand more now, than it was when they married, then he would be entitled to half of that...5 grand.

I mean, anyone could go out and marry someone who has a million dollar home, and then divorce them a year later. Does this mean they are entitled to $500,000? I have my doubts. If I am wrong, then the family laws are much worse than I thought they were....which I didn't think was possible!

Wouldn't it be considered to be some sort of unjust enrichment?

Just my two cents.

Serrona

[DadofTwoGirls]

The ex would only have a claim for a maximum of 1/2 of the increase in value of the house for the time that they were married - not the total value of the asset. The same goes for all other assets that appreciated.

Since the house has not been sold, the increase would be an estimate based on variables presented to a judge (assuming it went to court). Have a look at http://www.cmhc.ca/ for local average housing trends for an estimate of the home's increase in value. Also consider upgrades and local situations relevant for the time of the marriage.

A well researched response to this apparently arbitrary $7k demand might settle the issue outside court.

Everything is negotiable and earlier is better - before the ex trades all-seasons for studded winter tires.

[sufferer]

If you decide to fulfil his demand of 7000 dollars make sure you do it legally
[on papers] hiring a lawyer and clearly stating the reason for payement.Who knows he will take money for now and drag you to the court 6 months later