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  • Removed from Matromonial home

    Just a quick recap, I have been separated 8 years, about a year ago my ex wife and I tried to reconcile but it never worked out. We still remained living apart. She has recently told me that she wants to commence the divorce proceeding and equalization again. Up to today we never equalized anything other that me paying her child support. Now she's asking for what she's entitled to, and has informed me she will be telling her lawyer that she wants to move into the matrimonial home for a few years so she can save some money. She has been renting an apt for the last 8 years.
    My questions are, can she have me removed from the home now that 8 years passed by, Note the home is 50% under my father estate. He co-owned it with me. The home was purchased with my dad prior to me getting married.
    Furthermore, since I have not settled with her do I owe what my net worth is today or back when we separated in 2005. She did sever me back than and we made her an offer which she never replied to.

    Thank for any replies

  • #2
    How long was the reconcile period? Did she move back in for that time? the Conspiracy theorist in me thinks that she may have wanted to "try and reconcile" so she could start this action. An 8 year status quo would be near impossible to break. I would love to say no, but it it is a slightly unique situation you are in.

    I would talk to a lawyer right away. My argument would be that despite the short attempt to reconcile that you have been living separate and apart for 8 years since the original separation.

    If the title of the house is still in the name of your dad's estate the most she could ask for is half of your half at the valuation date (whichever one is chosen).

    Comment


    • #3
      Originally posted by OB1 View Post
      Just a quick recap, I have been separated 8 years, about a year ago my ex wife and I tried to reconcile but it never worked out. We still remained living apart. She has recently told me that she wants to commence the divorce proceeding and equalization again. Up to today we never equalized anything other that me paying her child support. Now she's asking for what she's entitled to, and has informed me she will be telling her lawyer that she wants to move into the matrimonial home for a few years so she can save some money. She has been renting an apt for the last 8 years.
      My questions are, can she have me removed from the home now that 8 years passed by, Note the home is 50% under my father estate. He co-owned it with me. The home was purchased with my dad prior to me getting married.
      Furthermore, since I have not settled with her do I owe what my net worth is today or back when we separated in 2005. She did sever me back than and we made her an offer which she never replied to.

      Thank for any replies
      Your separation occurred 8 years ago and there while you had made an attempt at reconciliation, you did not cohabit with her, so the original date of separation would still stand; under the Divorce Act you would be required to cohabit a total period of 90 days to trigger a new date.

      You ex can claim anything but that doesn't mean she will get it. How sweet of her to now want the house so she can save money. Rather bold (and dumb).

      She will only be entitled to net value of the home of her % at date of separation. Because it is co-owned by you and an estate, she technically is only entitled to 25%. (that doesn't mean to say she won't bring a claim for a larger % - depends on the estate and that is a whole other ball game)

      You and her will need to come to some form of agreement that values your assets from the original date of separation. That is all.

      Don't fret too much. She seems to be pipe dreaming.

      Comment


      • #4
        Thank you fror the replies

        You have know Idea how much I dread the idea of going back to lawyers, when she spoke to me this morning and told me she would be seeking legal advise again my heart dropped. I really wanted to be with my ex wife again, Over the last year or so we did have several good-times, yet she would never commit to moving back. I guess she feared that things would go back to the way they were 8 years earlier. I'm now am 51 and much wiser. All i wanted is my family back. Is that so much to ask. I would of done anything for this women that ripped my heart apart 8 years earlier. I hope she doesn't kick me out of my home that I purchased with my dad when he was alive. I've been living here alone since she left. thanks again

        Comment


        • #5
          You will not be forced to leave your home. Don't get yourself upset unnecessarily. You should speak to a family lawyer, preferably one with real estate experience as well.

          Comment


          • #6
            8 yrs later? What part of "get on with your life" do you not not understand????

            Okay if my cat leaves me and in a year comes back and craps in the outdoor litter box am I responsible to clean it up???

            Comment


            • #7
              I thought there was a time limit for equalization - she may be out of luck for her 25% of the net worth (after mortgage at the time) of the house value 8 years ago.

              No she cannot move back in - her name is not on title I assume, and that alone is reason enough.

              Comment


              • #8
                There is a time limit for equalization in Ontario. In this circumstance it would be six years after the day the spouses separate and there is no prospect of resuming cohabitation. However, there have been times that an applicant has been successful in extending the time limit.

                I would be very wary of any attempt the spouse makes for reconciliation from here on out. Effectively she it outta luck (barring any order by the court), but if her lawyer advises her of her rights under the law she could effectively trigger a new separation date by cohabiting with you for 90 days. Now that would be interesting.

                Comment


                • #9
                  Furthermore, since I have not settled with her do I owe what my net worth is today or back when we separated in 2005. She did sever me back than and we made her an offer which she never replied to.
                  You need a lawyer.

                  In Ontario, a claim for equalization cannot be commenced (read: claims extinguished) 6 years after separation, or two years following divorce. You should discuss with a lawyer your rights and obligations, particularly with the complication of dating again.

                  We still remained living apart.
                  This may be your saving grace.

                  Comment


                  • #10
                    OL, are you saying that there is no claim to equalization after the period of 6 years? I just want to be certain that I understood you correctly. The "2 year" term: does that apply to common law as well, in Ontario? Thx

                    Comment


                    • #11
                      Originally posted by hadenough View Post
                      OL, are you saying that there is no claim to equalization after the period of 6 years? I just want to be certain that I understood you correctly. The "2 year" term: does that apply to common law as well, in Ontario? Thx
                      A claim has to be made within the six year period OR if a divorce has been granted then within 2 years after divorce.

                      Common law is an entirely different ball of was. There is no entitlement to property, unless said property is jointly owned - then there is no time frame at all. For example, I own property with my common law ex spouse. I do not have to file a claim and my joint property rights don't extinguish.

                      But other claims such as spousal support/pension division must be made within two years OR if there was a separation agreement, within two years of the agreement if default occurs. Does that make sense?

                      Comment


                      • #12
                        As per the FLA:
                        Limitation
                        (3) An application based on subsection 5 (1) or (2) shall not be brought after the earliest of,
                        (a) two years after the day the marriage is terminated by divorce or judgment of nullity;
                        (b) six years after the day the spouses separate and there is no reasonable prospect that they will resume cohabitation;
                        (c) six months after the first spouse’s death. R.S.O. 1990, c. F.3, s. 7 (3).

                        Comment


                        • #13
                          moving forward

                          I would first like to say thank you for all the knowledge you have shared with me in this difficult time. I have spoke to a lawyer today regarding me being taken out of my home. She asked me if she had contributed anything to the home over the last 8 years and I said ďnoĒ. I have paid for everything from the taxes to some minor renovations, etc. I was told status quo is in affect and it would be quite difficult for me to be removed. Furthermore she said that the law states you have to cohabit for 90 days to be considered together, therefore, the evaluation date would be the date she walked out- March 15, 2005. Mind you this could be argued that she attempted to reconcile.
                          I guess I will have to have to wait and see what her lawyer sends me in terms of settlement. I know I will have to move on as it has been 8 years. Iíve tried to work it out with my ex. Love is something that canít simple be thrown away. It sticks to you and becomes part of your soul. I would have bent over backwards for this lady. It will be hard to let go, but I guess I have no other choice, Thank you for all your support

                          Comment

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