50/50 property isn't fair

[Neversawitcoming]

What can I do, or make my lawyer do?
My husband and I were married 10 years. He left 9weeks ago. Had an affair 3 years ago, that I guess never ended.
No kids, just pets.
Here's the thing I need help with. Since married, in december 2001 we lived in my family's cottage.
In 2005 my father created his will, leaving me alone the property.
In October 2006, he gave my the property to my husband and I for $1.
He died in July 2011, never changed his will.
Not knowing what my husband's intentions were when he left me, I got a letter in the mail from his lawyer wanting to sell the property and divide stuff.

I never saw it coming.

I have to save my family property. So, I'll have to pay him out for cheating on me, leaving me and he's never had to pay a dime of a mortgage, now he wants half.
This stupid 50/50 property thing sucks.

Does anyone have any suggestions or know of any court cases where something similar happened and I won't have to give him 50%.
I'm scared out of my mind that I'm going to lose my family property because I'll have to pay him too much to be able to afford a mortgage on my own.

Please help. I need to find a way to pay him as little as possible. It's the only way I'll be able to save my family property that has been ours for 55 years. I'm scared out of my ming

[NBDad]

The cottage is your matrimonial home. His claim is legit unfortunately.
Does he work? have a pension? Do you? The cottage is just one piece in equalization, there are a number of other factors that come into play.

[Neversawitcoming]

Yes it was our MH. We were both laid off on Sept 2011. No pensions, nothing big to divide other than the home.
What I need is a way to be able to either offer him less than 50%, or prove a way through another law case that there are very unfair circumstances where a 50/50 split would be unfair to me, due to the family history, the fact that is was originally to be left to me even after we were married etc.

I really need to be able to pay him as little as possible or I may not be able to save my family's property and my home.

[Clean]

Would "enrichment" work in this case?

Basically, you claim that without you, he never would have had those things and you paid for it all... It'd be REALLY hard to claim.

[Neversawitcoming]

I don't know what that is. Whe can I find more information about it. I will try anything!

[FightingForFamily]

She paid 1$ for it, and when sold, she will get (I am guessing here) at least $100,000, and so will he.

Sounds like despite your emotions on the situation both of you will be able to move on and derive a lot of benefit from your Father's gift to you both.

You CAN save the cottage if you want to, but you'll have to remortgage it. I imagine the process will be like this:

You and your ex need to have the cottage appraised by several real estate agents to determine its market value. Once you can agree (get 3 estimates and take the average) on the market value of the home, you owe him half of this amount.

Thus you'll need to arrange for a mortgage for half its value, and then pay back half the market of the house going forward. The cottage will be in your name alone at that point, and your ex will have his half.

[Neversawitcoming]

That's what is kind of starting to happen now. BUT I need to pay him less than 50%.
1- the son of a b-t-h doesn't deserve to profit from something he never paid for
2- the less I have to pay him, the better off I will be to be ABLE to afford a mortgage.

I will not even consider selling and moving. I will not let go of property that has been in my family for 55 years. This is my home. He's taken everything from me I won't let him win on this

I will look into unjust enrichment

[HammerDad]

It will be a tough sell to get him to agree to less than 50/50. If he does, than that would be best for you. But I can see your issues now:

1. notwithstanding the Will, the house was the matrimonial home; and
2. how much are you willing to spend in legal fees to get a judge to agree to him receiving 50% of the value of the property.

That fact that he cheated on you is irrelevant. Sorry, but it happens and Canada being a no-fault jurisdiction, it will have no impact on his entitlement to 50% of the assets (and debts) accumulated during the marriage. It will be tough, but you have to check your emotions at the door when it comes to the divorce and equalization.

Well, I will check that, the only way his cheating may come into being a factor is you are trying to negotiate a settlement with him and he feels remorse or guilt, or fears that the infidelity may become public knowledge and would adversely affect him in some way.

But otherwise, trying to prove unjust enrichment may work, but it will likely be an expensive proposition (thinking legal fees).

[NBDad]

Whether the home was in ONLY your name or not...it's still the matrimonial home and he's entitled to half as part of equalization.

Unjust enrichment is going to be a really really really hard sell.

[Tayken]

What can I do, or make my lawyer do?

You can't "make" your lawyer do anything. You can ask for advice and opinions, listen to your lawyer and understand the law. If your lawyer advises you that something isn't going to work or that you are wrong... Listen to your lawyer.

My husband and I were married 10 years. He left 9weeks ago. Had an affair 3 years ago, that I guess never ended.

Sorry to be maybe the first to tell you this... Extramarital affairs are ignored by the court. You won't get any bonus points in your case if you raise it. In fact, it will work against you.

No kids, just pets.
Here's the thing I need help with. Since married, in december 2001 we lived in my family's cottage.
In 2005 my father created his will, leaving me alone the property.
In October 2006, he gave my the property to my husband and I for $1.
He died in July 2011, never changed his will.

It is the Matrimonial Home and has to be equalized between you. Unless you can prove that the estate (will) was written under some sort of duress the home has to be split 50-50. That is how it works.

Not knowing what my husband's intentions were when he left me, I got a letter in the mail from his lawyer wanting to sell the property and divide stuff.

I never saw it coming.

You admit earlier in the message that you knew he was having an extramarital affair prior. You saw it coming, you just didn't want to possibly believe it.

I have to save my family property. So, I'll have to pay him out for cheating on me, leaving me and he's never had to pay a dime of a mortgage, now he wants half.

He is entitled to half though. Many people on the other end of the stick end up having to pay SS, CS and split everything. Some times, these people don't even get 50-50 access to their kids.

This stupid 50/50 property thing sucks.

It is the law and there are reasons it is in place.

Does anyone have any suggestions or know of any court cases where something similar happened and I won't have to give him 50%.
I'm scared out of my mind that I'm going to lose my family property because I'll have to pay him too much to be able to afford a mortgage on my own.

You better start getting used to the fact that you are probably going to lose the property.

Please help. I need to find a way to pay him as little as possible. It's the only way I'll be able to save my family property that has been ours for 55 years. I'm scared out of my ming

You are expressing anxious feelings ("fear"). You should talk to a therapist. Not being mean or pointing fingers. Anxiety is something everyone goes through. "Fear of being abandoned", "fear of loss", et all...

Good Luck!
Tayken

[arabian]

I agree with NBDad - matrimonial property. Problem lies with your father selling both you and your husband the property in 2006. Don't think there is anything you can do. Even if your father had changed his will I don't think it would make a difference.

Hope you can bite the bullet and move on. Be grateful you don't have kids to fight over.

Good luck

[Tayken]

Whether the home was in ONLY your name or not...it's still the matrimonial home and he's entitled to half as part of equalization.

Unjust enrichment is going to be a really really really hard sell.

really really really hard sell = expensive

The cost to litigate more than 50-50 on equalization, even if you have piles of evidence, will only make it more expensive for you.

265-800$ an hour for a lawyer adds up fast. (+HST) Unless the cottage is worth 1.5+ million, you may find yourself flat broke and with a property you still have to sell just to pay your legal bills.

Good Luck!
Tayken

[dinkyface]

Unfortunately you agreed to give him 50% of your home when you signed the marriage contract.

Just think of the hundreds of divorcing men who had a lot of equity in their house when they married, split up 5 years later, thinking, THIS ain't fair!

But them's the rules.

[dinkyface]

the less I have to pay him, the better off I will be to be ABLE to afford a mortgage.
...and this...
I'm scared out of my mind that I'm going to lose my family property because I'll have to pay him too much to be able to afford a mortgage on my own.

I don't quite understand you here: Your ability to get a 100K(?) mortgage is based on your income and credit rating. Is he also making a claim for spousal support that will affect your ability to handle this mortgage? What is this 'other payment' that you are concerned about?

[atlanticcanadian]

You know I don't get these people that accept a cheater. I would really like to see some stats on the cheater continuing to cheat.

I know my ex said he wasn't happy with me and now isn't happy with her. Calls happiness an illusion.

Good luck on the equalization. My ex took the pension plans. It was suppose to be a part of my spousal support when the courts found out but now he isn't paying anything and I am in limbo waiting for him to get another job. Meanwhile, he is probably living off the new one and her parents. He really has everyone fooled too.

Talking and emailing my lawyer has got to be a joke that just causes more stress. I swear I am getting ready for the loonie bin.

I know from one person on here I will probably be put down for my message and to them I will say thank you in advance for responding.