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Simple question: can you keep the matrimonial home? Yes or No

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  • #46
    Matrimonial home was ordered to be transferred to her and the equity will be addressed at the equalization process. So I need to wait until trial to found out if I can have my share of the equity or not.

    When you have kids and a pension that is worth over 50% of your interest in the matrimonial home, it is very hard to apply the Partition Act in your favor. This is where most of the men are forced to live in a basement and can never afford to buy a house in the future. The Court cannot understand that we "men" cannot live without our garage and tools. They think that we are only good for working and being good payers.

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    • #47
      It's a game of tag.....tag and you are IT. What is the lesson learned? Stay away from an un-equal or don't get caught up in common law / marriage

      Originally posted by mafia007 View Post
      Matrimonial home was ordered to be transferred to her and the equity will be addressed at the equalization process. So I need to wait until trial to found out if I can have my share of the equity or not.

      When you have kids and a pension that is worth over 50% of your interest in the matrimonial home, it is very hard to apply the Partition Act in your favor. This is where most of the men are forced to live in a basement and can never afford to buy a house in the future. The Court cannot understand that we "men" cannot live without our garage and tools. They think that we are only good for working and being good payers.

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      • #48
        Originally posted by hopefull View Post
        It's a game of tag.....tag and you are IT. What is the lesson learned? Stay away from an un-equal or don't get caught up in common law / marriage
        The key is to have a marriage contract or a prenuptial contract to secure your pension and hers. This way, if one spouse doesn't built their own pension, they do not have access to the others. Also, the spouse with an accumulated pension is not forced to leave the house to the other spouse and struggling to start all over again.

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        • #49
          In an ideal world ...yes, but you've read stories where prenups/agreements have been thrown out of the window due to changes in circumstance e.g. the other spouse develops a health issue or the like.

          What is it they says about best laid plans? You almost need an iron-clad plan on top of a plan.

          Originally posted by mafia007 View Post
          The key is to have a marriage contract or a prenuptial contract to secure your pension and hers. This way, if one spouse doesn't built their own pension, they do not have access to the others. Also, the spouse with an accumulated pension is not forced to leave the house to the other spouse and struggling to start all over again.

          Comment

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