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  • Ex left the country - matrimonial home

    I have posted earlier about my ex abandoning me and our 1 year old son, and our marriage is only 1 year 3 months. His whereabouts is still unknown.

    I had thought that I have pretty good grounds that the two properties owned by me and he lived in both properties, should not be divided equally. However, I just found a case that says "I am permitted to exercise discretion in the division of the matrimonial home only in extraordinary circumstances as the Act clearly seeks to assure an equal sharing in most cases. It has been established judicially that a marriage of short duration is not of itself an extraordinary circumstance, neither is the prior ownership of the home by one party." Finally, this stupid judge ruled that the matrimonial home, acquired by the wife before the marriage, be divided equally. The whole case is here: CanLII - 2000 SKQB 50 (CanLII)

    or search: Hurton v. Gess, 2000 SKQB 50 (CanLII)

    Waa... I feel devastated. I am living in a huge debt now in order to maintain the home and raise our son. This is unfair, unfair.

  • #2
    you are right - the matramonial home is treated differently. Yuo did say you have two properties with his living in both. The matramonial home..... there can only be one and that is determined by where you were living at the date of seperation. If this property is the lesser value - good for you, if it was mortgaged to the hilt, even better. It was a very short marriage - I strongly suggest you seek at least a lawyer consult early with your circumstance. You will at least be sure what your options are moving forward. Either way take steps today to protect what you have now - cut all joint accounts, credit cards, line of credit - anything that could see your "losses increase".

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    • #3
      Thanks, ddol1. I paid the downpayment of the new house through the equity pulled out from the other property. Did you see my problem? I could lose all of the equity pulled out too. We don't have any joint account, and he has never paid any bills.

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      • #4
        Just a quick thought - you did have a very short marriage.... you need to assume and plan for the worst case senario but there could be a slim chance your Ex wants out - he doesn't want anything to do with your homes. Your divorce settlement can be what you both agree to - everthing can be negotiable.

        I have read several times of agreements not being enforcable for one rreason or another (I believe usually due to one or both parties not getting proper legal advice and not having it included in the agreement) I know there are several posters here who have great level of experience in most issues that come up in the process. They would most certainly have things to add - I just wanted you to realize that you need to uncover what is in his head because it appears you really have not communicated much if anything at all with your stbx?

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        • #5
          You need to put the matrimonial property situation into some form of Statement or Affidavit indicating everything you paid that he didn't. I don't know what province you are in but unequal property division is not the presumption but it is at the discretion of any judge based on the legislation (look at your province's Matrimonial Property Act whatever it is called ) and the facts of your case. Don't be discouraged by one case that might have involved facts that are different from your situation.

          You seem to resist hiring a lawyer but you have a lot at stake. There are legal principles that will doubtless help you.

          Do you qualify for Legal Aid? If you don't , shop around and find a lawyer who will help you prepare your documents for a limited retainer or borrow money to hire a lawyer. Penny wise can be pound foolish.

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          • #6
            contact a lawyer and have him register "litigation pending" on title of both properties, this stops both parties from doing anything with the properties until all is settled in court or between yourselves and is also the cheapest way to have everything just sit tight until you are ready to proceed. i am a mortgage broker and have had this done for several of my clients.

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