Hello all,
I'm new to this and I need some feedback. I apologize for this lengthy message but my situation is really complicated.
My husband and I are on the verge of separation. We previously separated back in 2001 and had a legal separation drawn, signed by both parties & our respective lawyers and finalized in 2004. The separation paper addressed our pensions, insurance, and child support. However, we reconciled at the end of 2004. Our separation paper has no clause/stipulation on how we would treat our assets in the event that we reconcile.
I bought a house solely under my name (both the title and mortgage) in November 2004. At that time, my husband and I reconciled and we verbally agreed that he was just going to pay me rent but the house is mine. All the downpayment, closing costs and any renovation or maintenance costs I paid for. He contributes a fixed amount every 2 weeks to pay for food, gas, rent, cable, telephone, internet, etc. My husband has had no credit history or rather his credit was so bad that he couldnt apply for a loan or credit card, until 2 months ago when he was finally able to get a credit card. Car loans are also under my name. I have my own credit cards and like I said he was just able to get a credit card 2 months and he is no establishing his credit.
Questoin 1: The house that I bought is our matrimonial home. Will the equity built be split 50/50 in the event that we file for separation or divorce even though he didnt put any money towards the downpayment, closing costs, or maintenance/renovations cost? Part of the downpayment was my RRSP and I'm still repaying it.
Question 2: Is the separation paper that we signed back in 2004 considered void or got voided when we reconciled in 2004 and we didnt have a co-habitation/reconciliation agreement? Would we have to go through an equalization process to determine pension split or insurance.
Question 3: Do I have a right to ask him to leave from our matrimonial home given that both title and mortgage are under my name?
In January and February, on 3 occasions, we had an argument and he
hit me during the agreement? Can I use this an excuse to make him to leave even though it's my words against his?
Question 4: We make about the same amount of money, will I be able to claim for spousal support and claim financial hardship if the value or equity of the house be split into 50/50 share?
Question 5: We have a car right now that is also under my name and the loan is also under my name. Does he have a claim for that car or can he take it away from me?
Question 6: I have contributed towards my kids RESP, if and when we separate, how can I ensure that he pays his share of our kids education costs?
Question 7: Now that he has a credit card, would I be responsible for any debts he incur under his credit card?
Your feedback is much appreciated.
Positive.
I'm new to this and I need some feedback. I apologize for this lengthy message but my situation is really complicated.
My husband and I are on the verge of separation. We previously separated back in 2001 and had a legal separation drawn, signed by both parties & our respective lawyers and finalized in 2004. The separation paper addressed our pensions, insurance, and child support. However, we reconciled at the end of 2004. Our separation paper has no clause/stipulation on how we would treat our assets in the event that we reconcile.
I bought a house solely under my name (both the title and mortgage) in November 2004. At that time, my husband and I reconciled and we verbally agreed that he was just going to pay me rent but the house is mine. All the downpayment, closing costs and any renovation or maintenance costs I paid for. He contributes a fixed amount every 2 weeks to pay for food, gas, rent, cable, telephone, internet, etc. My husband has had no credit history or rather his credit was so bad that he couldnt apply for a loan or credit card, until 2 months ago when he was finally able to get a credit card. Car loans are also under my name. I have my own credit cards and like I said he was just able to get a credit card 2 months and he is no establishing his credit.
Questoin 1: The house that I bought is our matrimonial home. Will the equity built be split 50/50 in the event that we file for separation or divorce even though he didnt put any money towards the downpayment, closing costs, or maintenance/renovations cost? Part of the downpayment was my RRSP and I'm still repaying it.
Question 2: Is the separation paper that we signed back in 2004 considered void or got voided when we reconciled in 2004 and we didnt have a co-habitation/reconciliation agreement? Would we have to go through an equalization process to determine pension split or insurance.
Question 3: Do I have a right to ask him to leave from our matrimonial home given that both title and mortgage are under my name?
In January and February, on 3 occasions, we had an argument and he
hit me during the agreement? Can I use this an excuse to make him to leave even though it's my words against his?
Question 4: We make about the same amount of money, will I be able to claim for spousal support and claim financial hardship if the value or equity of the house be split into 50/50 share?
Question 5: We have a car right now that is also under my name and the loan is also under my name. Does he have a claim for that car or can he take it away from me?
Question 6: I have contributed towards my kids RESP, if and when we separate, how can I ensure that he pays his share of our kids education costs?
Question 7: Now that he has a credit card, would I be responsible for any debts he incur under his credit card?
Your feedback is much appreciated.
Positive.
Comment