Non matrimonial home desgination

[Mess]

Were you married or common law?

If you were married, you share all family assets built up during the marriage, which include the money he used to pay for the house he just bought. You would look at both your assets just before the marriage, and at the separation date, subtract, and split the remainder.

If you were common law, you do not split the assets. It would only be the matrimonial home, that is, the home you lived in (if owned). If you didn't own a home during the time together, then there is nothing to split.

If he bought a home after you split, this means nothing to you. If you have a claim to the family assets he can pay this in other ways, or take out a second mortgage, etc.

[Mess]

OK, sorry I'm trying to sort out where you at with this.

You are split up, but you have no legal separation agreement as yet.

You haven't done asset splitting then, and you haven't done financial disclosures, etc, this is all still up in the air?

He has gone and bought a house. It seems like he must have used at least some of the family assets to do this?

He signed a "marital agreement" that it was not the matrimonial home? With who? The bank? This would be a confirmation with him that the house is not jointly owned or a family property, especially since you don't have a legal separation.

Whatever the designation or agreement he signed, you haven't lived in the house so you cannot directly claim the house as a matrimonial home whether he served you or not.

What you do have is a claim for is half of the assets accumulated during the marriage.

If the value of the house falls for some reason (could still happen in this economy) you are lucky not to be liable for the mortage. That is his problem, and it is his debt.

However if he has control of the family assets, and used them to buy the house, he owes you that money. In the long run you could sue him and he could offer the house instead of cash, or he could be forced to sell to pay you, but have no direct claim on the house, and if the value of the property goes up, you have no claim on the value.

I hope that makes it more clear.