I'm in a huge mess....need advice!!

[briarsmom]

I made a huge mistake, and got married a year ago this November. I have a great job with good pay and can easily support myself. I have a small mortgage and that's it. I own everything else I have.

My husband didn't have a job so I purchased a small business for him to run. Well, he's not enthused about it and not putting in the hours he should be. I pay everything for the household, mortgage, all the utilitiy bills, etc. I want out, but I'm so afraid that he will get half of everything I've worked to hard to have, but I'm not going to continue being taken advantage of. Will he get half my house?? What about my RRSP's?? Will I have to pay spousal support, he doesn't show any income, I put the business on my income tax.

I'm just sick about this and don't know where to begin.

Thanks.

[midnightvampyr]

Get Out Now

Get out now...the longer you are in a marriage the worse it gets for you when you want out...unfortunately you will have to go see a lawyer...shop around....you owe him basically nothing.....it is what has been acquired from the time of marriage....

I made a huge mistake, and got married a year ago this November. I have a great job with good pay and can easily support myself. I have a small mortgage and that's it. I own everything else I have.

My husband didn't have a job so I purchased a small business for him to run. Well, he's not enthused about it and not putting in the hours he should be. I pay everything for the household, mortgage, all the utilitiy bills, etc. I want out, but I'm so afraid that he will get half of everything I've worked to hard to have, but I'm not going to continue being taken advantage of. Will he get half my house?? What about my RRSP's?? Will I have to pay spousal support, he doesn't show any income, I put the business on my income tax.

I'm just sick about this and don't know where to begin.

Thanks.

[dadtotheend]

The day you married him you gave him half the equity in the house. The growth since marriage date in the remainder of your net assets also gets split, so you get to keep what you brought to the table, except for the house.

He could also have a claim for spousal support, although it would be for a limited time due to the short duration of the marriage.

[briarsmom]

Are you 100% sure about the house. He moved in with absolutely nothing. I paid $170k cash down payment on the house & owe $50k or so left on mortgage. So you mean to tell me he's going to get $85k after 12 months of marriage just like that??

Dear God!!

[billiechic]

Did you own the house before marriage?Check out this link. while it is the law that the matrimonial home is divided 50/50, there are exceptions.
http://www.ontariodivorces.com/division-of-property.html#matrimonial

I would look into negotiating with him, making him an offer in a separation agreement. You may be able to work something fair out given that it was such a short marriage.

Unfortunately, everything gained or lost during the marriage you are BOTH responsible for. Be thankful that you figured this out now.

[briarsmom]

Yes I owned my own home prior to marriage. I sold that one and bought the one we are in now a month before the wedding. I had $170k that I put on the house, leaving a $55k morgage.

What about my RRSP's that I have? I have a substantial amount of $ there as well. Is he entitled to any of that?

Thank you for the link, I feel a little better after reading that.

[kamkatie]

Check out unjust enrichment as well.

[dadtotheend]

I think a claim for unequal division of family property is not commonly successful and I think occurs it cases where the marriage has benn very short and the matrimonial home is worth into the millions.

I learned this the hard way as well. I had $80K in equity that I ended up giving her half of the day we got married. I looked into unequal division with my lawyer. No sale.

If the house remains in your name, he does not have a claim on title, but he does have equal right of possession until he agrees to leave.

[briarsmom]

I spent 2 hours with a Paralegal on the weekend (he used to be a lawyer but was disbarred years ago). He assured me that he is entitled to no part of my home. Since he hasn't contributed one red cent to the mortgage/bills/home improvements, he says he's not entitled. But then I read all these posts and they state otherwise. How could a judge give him $80k for a marriage that has lasted one year, and to a man who has no income. It just doesn't seem right.

[dadtotheend]

Because marriage is a deep comittment to one another in the eyes of the law.

[representingself]

Should have written a prenuptual agreement....

I think your Paralegal friend is wrong... which may be why he was dis-barred?

I think you should have signed a prenuptual agreement.

The "Matrimonial Home" is not considered when calculating the NFP...It is a separate entity entirely.

When the marriage breaks down, both parties have equal right of possession...

It doesn't matter who owned the home before the marriage...

"While the Family Law Act allows parties to deduct the value of the assets which they bring into the marriage from the couple’s divisible property, it does not allow a similar deduction to a party who brought the matrimonial home into the marriage.

• In the event of separation, the Family Law Act does not give a credit to the party who brought the home into the relationship. Prenuptial agreements can create a deduction for the value of the home and allow for the sharing, for example, of any increase in value or otherwise divide the equity in the house according to your preference."

source: Pre-nuptial Agreements | Heydary Hamilton PC