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-   -   Matrimonial home and now nothing ? (https://www.ottawadivorce.com/forum/showthread.php?t=23277)

bestway21 08-18-2020 01:10 PM

Matrimonial home and now nothing ?
 
Asking for a friend , home built on inherited land , lived in for 20yrs , apparently the wife has willed the home to the children , what about the husband ? does he have no right to this home ? the deed is in her name
I can't understand how she can now demand the house be sold and he walk away with nothing ? any idea of how this would be looked upon in court

standing on the sidelines 08-18-2020 01:40 PM

Quote:

Originally Posted by bestway21 (Post 243470)
Asking for a friend , home built on inherited land , lived in for 20yrs , apparently the wife has willed the home to the children , what about the husband ? does he have no right to this home ? the deed is in her name
I can't understand how she can now demand the house be sold and he walk away with nothing ? any idea of how this would be looked upon in court

did she have the house and land before they married?

How long were they married?

rockscan 08-18-2020 02:08 PM

Quote:

Originally Posted by bestway21 (Post 243470)
Asking for a friend , home built on inherited land , lived in for 20yrs , apparently the wife has willed the home to the children , what about the husband ? does he have no right to this home ? the deed is in her name
I can't understand how she can now demand the house be sold and he walk away with nothing ? any idea of how this would be looked upon in court


Theres two different things here:

1. She is willing the house to the kids.

2. She is demanding it be sold.

What you havent provided is this info: is she dying? Are they getting divorced? Were they married or common law? Is your friend concerned about getting a share or simply that if she dies they get nothing?

All of those answers help answer the two questions.

bestway21 08-18-2020 03:37 PM

Sorry about that
1. Married 25yrs
2. She is demanding the house be sold and he is still living in it , she moved out

My friend is telling me she is saying he gets nothing . She is in complete control of the situation as the home is in her name.

Stillbreathing 08-18-2020 04:08 PM

She may think she is in control of the situation because the house is in her name. She is mistaken. Family law trumps that. It is considered the matrimonial home and as such he is entitled to a portion of the equity. He needs a lawyer to figure out what he is owed as part of equalization.

As for willing it to the kids. She can only will her portion of the matrimonial home to go to the kids, not his portion. He will get his share of the sale of the home when it sells. He needs a lawyer to advise him.

rockscan 08-18-2020 04:10 PM

Quote:

Originally Posted by Stillbreathing (Post 243483)
She may think she is in control of the situation because the house is in her name. She is mistaken. Family law trumps that. It is considered the matrimonial home and as such he is entitled to a portion of the equity. He needs a lawyer to figure out what he is owed as part of equalization.

As for willing it to the kids. She can only will her portion of the matrimonial home to go to the kids, not his portion. He will get his share of the sale of the home when it sells. He needs a lawyer to advise him.


This.

If the house was built during their marriage then it is split between them. The equalization exercise will outline the value of ALL assets (and liabilities) on the date of marriage and also on date of separation.

She would need an order to have it sold. Your friend may want to also see about getting a mortgage to buy her out.

As for her will, she would be stupid yo redo her will now as she will need to do a new one when the divorce is settled.

Stillbreathing 08-18-2020 08:41 PM

What Rocksan said plus...if she owned the home and it was already built when they married, she gets the value of the home on the date of marriage( minus any mortgage )...maybe. The equity built up in the home from the date of marriage until their separation will be split 50/50.

Janus 08-19-2020 02:31 AM

Quote:

Originally Posted by Stillbreathing (Post 243491)
if she owned the home and it was already built when they married, she gets the value of the home on the date of marriage

This is the way it should be.

Unfortunately, it is not the way it is.

tilt 08-19-2020 10:59 AM

She is not in complete control of the situation.

Your friend is allowing her to be in control. Your friend should see a lawyer (an initial consult for 30 mins is free, but a more in-depth consult is around $300) to understand their rights. I would recommend a collaborative lawyer to start. Before the meeting with the lawyer have the friend fill out a draft 13.1 and 13c. It will help them organize their thoughts. Also, get them into therapy. A therapist is cheaper than a lawyer and lots of lawyers are happy to charge $400+ an hour to listen to emotional ramblings. Use the lawyer for rights/financials and the therapist to vent. Dont take legal advice from the therapist (Ive seen it, eye roll).

bestway21 08-19-2020 11:15 AM

Thank you all
The home was built together , she did not own the house prior to marriage , it was built for them and the children on land she inherited .
She never worked so it was his hard work that allowed for that home. She is a controlling person and feels entitled to everything . She recently sold another piece of land that was once again inherited and put that in her pocket.
Her way or no way . Yes a lawyer would be required and certainly he just needs to get tough !


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