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Matrimonial Home ~ Not Really MINE!!!

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  • Matrimonial Home ~ Not Really MINE!!!

    Hello all,

    This is my first post with this website. I have been reading for about a week now and feel comfortable that this is a safe and supportive forum for men and women suffering the ramification, personal, professional and financial, associated with divorce.....thank you all for being here!

    My dilema is this: My wife and I married three years ago. We lived in a home that I owned (with no mortgage). We split up briefly (about one month) and during this time I tried to sell the home. I discovered I needed her signature, much to my dismay and surprise. We however, got back together prior to the sale, so this did not become an issue. We purchased a much cheaper house (about half the price of my first home) and she paid nothing toward it. I paid the entire price from the proceeds of my first home, including a number of repair and maintenance issues and upgrades (paint, flooring, drywall etc). We have since separated again and it looks like a divorce may be a strong possiblity. I did try to have her sign a "post" nuptiual agreement prior to our separation (which she agreed to initially), in an attempt to protect my assests, but she has since refused to sign.

    Is she entitled to half of this second home? Additionally is she entitled to any of the money left over from the sale of the first home? I understand that after 5 years she would have been entitled to half without a doubt, but what about only 3 years?

    Thanks in advance for your help!

  • #2
    The minute you married and lived in the home, she was entitled to half. And any proceeds left from the sale of the first home will be counted as marital assets so half of that as well. The 3 year rule only applies to common-law.

    Comment


    • #3
      Does the judge not have discretion however, to allow me (as the person laying out all the money) to grant me a larger share? Or better yet, her nothing? With consideration for the fact that we have only been married a little over 3 years?..........

      Is it really that open and shut in her favour?

      Comment


      • #4
        basically yes

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        • #5
          nope - no room - it was the matrimonial home, she gets half. Doesn't seem fair, but that's the law.

          Comment


          • #6
            Hi Barry,

            As Sk8r and GKTT have said, the matrimonial home is divided equally, no matter what.

            It is other property, such as bank accounts, debts, pensions, RRSPs, etc., that you could ask for an unequal division of property (aka an adjustment to the equalization payment). Please note that it's the value of the property that is divided and not the actual property itself.

            Jeff provides information on division of property here.

            Lindsay

            Comment


            • #7
              Hi again all....

              Thanks for your responses! They are beneficial as I decide how best to proceed.

              Lindsay: Can I clarify a little.........?

              My first house (which we both lived in) was sold for $280,000 and we purchased one for $145,000. Is the money from the first house part hers as well. If so, what part?

              Thanks again. I respect your time and thank you in advance for clearing this up for me.

              Comment


              • #8
                Hello Barry

                I would have to agree with sk8r & gktt it seems that it really is that open and shut in her favor. My Cl husband and his ex bought a house in the late 80's (first house they bought), The lived in the house together for almost 3 years at that time they separated and she moved out. A year after she left my cl husband received a letter from her lawyer regarding child support and the property. She stated in the letter that the debts from the marriage were higher than any equity in the property so she was not interested in her share of the property. My cl husband paid off the debts, Anyways to make a long story as short as possible. A year ago my cl husband received a letter from her lawyer regarding a divorce (thank god) and that she wanted to have the house sold so she could obtain her equity. This lady has not been in the home for 14 years, since she left she never paid any mortgage payments, property taxes and nothing towards the upkeep of the home. We went to court at the begining of the year and needless to say ended up having to pay her off. Just over $15,000.00 to some that may not be alot, but given she was only in the home for 3 years, and has never contributed since she left it was a real big pill to swallow. I guess the only good thing that came out of this, after me being with my cl husband for 11 years, the house is finally in his & my name. Not his and hers.....

                Comment


                • #9
                  jenibri,
                  that's ludicrous!!!Did you have a copy of the letter saying she wanted no part of her share in lieu of the debts? I'm assuming so. This is just another example of how bizarre things are in the legal system.
                  Another post is talking about costs and I mentioned that a big shot lawyer can win i.e the party have alot of money to hire a shark, whereas the other party may have a low-experience, low-priced lawyer and lose. The low-paying party may be acting reasonable while the high paying client is out to win at all costs--whether by financially breaking the other party, or having the advantge of a shark who knows the ropes.
                  The low paying party has a good chance of losing and then paying costs! It's insane.
                  Well, at least she's out of your hair financially.
                  Thanks for sharing.Interesting

                  Comment


                  • #10
                    Hi Barry,

                    My first house (which we both lived in) was sold for $280,000 and we purchased one for $145,000. Is the money from the first house part hers as well. If so, what part?
                    Ohhh I see Great question. IMO I would say that your wife would be entitled to half of what was remaining from the sale of the first home ($135,000.00/2 = $67,500.00). This is because the first home was a matrimonial home. BUT, don't quote me on that. Let's see what another one of our experts have to say first.

                    Lindsay

                    Comment


                    • #11
                      God Knows the Truth,

                      Our lawyer does have this letter, we gave it over to him about 7 years ago. The only real benefit we had was that they used the value of the house at this time, but used the balance of the mortgage when she left. Thank god or she would have ended up with much more. I wish she was finally out of our hair financially, but there is a child support issue that we thought was finalized with all of this other stuff, but apparently it is not, my cl husband just received a notice from FRO today. The are starting garnishments on his wages. I have a recent post in the "divorce forum" that is related to this issue.

                      Comment


                      • #12
                        Im in the same position

                        When me and my Ex wife to be met, she had a rented home, and I owned my home.

                        She put nothing in to the house, I paid for the deposit and for the legal fees to the house. Well now we are on the rocky rock to divorce.

                        I loose the cash I put into the house intially from the sale fo my home.

                        She waltzes out of the house in April, has nothing to do with the house, all her stuff is still there, she is living with her mother, so it is me paying the bills etc in the houseon my own.

                        Bt when it comes to selling the house, she is interested then.

                        Legally she is entitle to 50%, morally shes entitled to nothing!

                        Question: As I put £10,000 into the deposit for the house, and £3,000 to the legal fees, can I claim that back stating that I made a greater contribution to the house?

                        Again I do know this is a canadian website.

                        Comment


                        • #13
                          question about house?

                          What if there is no equity in your home? If we were to sell our house by the time the morgage was paid off there would be no money left if we even made enough from the sale to pay the morgage off . It will be two years of living here in october and have been separated since christmas. I still live in the house with both children and he makes mortgage payments. We recently claimed bankruptcy but were able to keep house due to the fact that there was no equity in it. I am considering a separation agreement or should I wait until we divorce. I am unsure as to my options. Any advice would be greatly appreciated.

                          Comment


                          • #14
                            Hi again Lindsay (and thanks to you and all the other respondents!!)

                            I think I may be in deeper that I initially thought!! We lived in BOTH homes....The one I had when we married ($285,000 mortgage free) AND the house we bought AFTER ($145,000 also with no mortgage)

                            Am I right (I REALLY HOPE NOT!!!) in saying that she is entitled to half the money left over from the sale of the first home (most of which is still in the bank) AND half the second home?????

                            Anxiously awaiting for the axe to fall with the response...........

                            Comment


                            • #15
                              I would imagine so. It's a marital asset. But I'm not a lawyer.

                              Comment

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