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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-09-2014, 07:36 PM
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Default Wealth Acquired After Separation

Here's the story. Wife up and left 11 months ago. She had me served with divorce docs months ago.

When she left, there was no division of assets, since we both earned roughly the same, and were renting a place.

Since she left, I have acquired some inheritance and have placed a substantial down payment on a home for myself.

Lately she has been "sniffing around," so to speak. Perhaps she's tiring of living all alone in a run down apartment. Perhaps she's lonely.

I'm pretty sure my assets are safe, should we ever work things out and there's the slim chance that we get back together. I guess what I'm looking for is confirmation on this... We are still married, but this in no way could ever be viewed as the matrimonial home, could it?

Just looking for assurance, since I've witnessed once already just how fast a spouse can pack up and leave. There's no way in hell I want to risk losing the roof over my head!

Thanks in advance!
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Old 03-10-2014, 08:26 AM
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Berner_Faith will become famous soon enough
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If you want to protect your assets don't let her move into the home, at all. If she moves in, even for a short time, it could be argued that your house than became the mat home. As for the inheritance, keep it separate from any other money and be able to track where it goes.
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Old 03-10-2014, 09:18 AM
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If she served you with papers and the "date of separation" is well defined then it affords some protection for your windfall that occurred after that date.

But yes, if you allow her to move back, you will muddy the waters about her entitlement to a share of the home if you used any inheritance money for the down payment.
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Old 03-10-2014, 11:19 AM
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I don't think you can have it both ways. Either

a) the marriage is over and you are not going to reconcile with your ex. In your post-marriage life you have acquired a house which is entirely yours; or

b) the marriage is not over, you were estranged for a period and have now reconciled. If you both reside in the house, it is the matrimonial residence.

If it's a), the answer is simple - she doesn't live in your house. If it's b), you should work on your reconciliation with both of you residing separately, until you reach a point where you are both willing to continue with the marriage, which includes the establishment of a matrimonial residence. There's no in-between.

(If this is about booty calls with the ex, just - don't).
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Old 03-10-2014, 07:13 PM
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averagejoe is on a distinguished road
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Thanks for the advice, guys... I thought I may be safe, with things documented and such. I still love this woman after all this time, and have stayed true to my vows.

However, I am not willing to be used, and simply cannot risk losing my home.

Since only one month is left before she can finalize the divorce, I will not let her step foot inside until the divorce is finalized. Common Law affords me some level of protection, and it seems in my best interests to make it work as that, should the opportunity for reconciliation arise.
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