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Old 09-08-2014, 04:48 PM
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Join Date: May 2010
Location: Hamilton
Posts: 3,726
HammerDad will become famous soon enough
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Quote:
Originally Posted by Straittohell View Post
The OP needs to have provided a lot more information about the situation in order to get better advice.
Agreed.

But more accurately, OP needs to seek the assistance of a qualified lawyer to help deal with this.

The co-habs may be enforceable in the event of marriage, many of them provide for it. Whether there are parts of the agreement, or the entire co-hab, is enforceable is for a court to determine.

The parts of the matrimonial home being excluded is likely partially unenforceable. OP's ex would likely be entitled to the value upon co-habitation being excluded, but any growth in value would likely be included as matrimonial property.

Regarding spousal support and other clauses in the co-hab, well those would have to be found as being unconscionable. Or you would have to prove you were under duress and forced to sign it for it to be thrown out. And if you want to argue those points, you are going to have to have deep pockets, especially if you both had lawyers when the co-hab was signed.
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