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  • having a hard time

    i am starting to go through a nasty divorce.The house we are living in was left to his father and his father gave it to him.I invested money and remodelled it and when we started having problems he said it wasnt his and i never kept the receipts now what can I do.And if he owes back taxes is that considered my debt too.

  • #2
    As far as I know the matrimonial home is split 50/50 period - you don't need receipts, it doesn't make a difference. Separate from the home, all debts and assets acquired during marriage should be split 50/50 and that of course includes back taxes - you spent the money the taxes were based on, so you must share the tax debt 50/50 as all other debts (and assets) of the marriage.

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    • #3
      I don't know for sure if it is done in Ontario but I think , if he wants to keep the house, it has to be assessed at the time of separation and he has to pay you half of the assessed value to buy you out. Make sure you have documented proof of the tax arrears and who owns the house - go to the Land Registry Office. Then if the tax arrears claims are true, you can bargain for your half to come from the money he owes you for 1/2 the house.

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      • #4
        I think what felicia504 might be saying is that the house wasn't in her husband's name - that maybe the husband's Dad didn't transfer title to his son.

        In which case, you could have a big problem in that you aren't entitled to half a martrimonial home that you might have thought your husband owned.

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        • #5
          Originally posted by dadtotheend View Post
          I think what felicia504 might be saying is that the house wasn't in her husband's name - that maybe the husband's Dad didn't transfer title to his son.

          In which case, you could have a big problem in that you aren't entitled to half a martrimonial home that you might have thought your husband owned.
          I am thinking that is the issue here. i am wondering if there is a way she could go after the father fro the money she put into the house? She improved it so that in turn made it go up in value. I am probably grasping at straws but I wonder if this is an option??

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          • #6
            Just a thought, but if she thought it had been given to them, then there must not have been any mortgage payments made. There's no amount given for the money invested for repairs.
            Who's name are the taxes in? If it's the father, then she can probably walk away. If not, then she owes half.

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            • #7
              having a hard time

              there were no mortgage payments made i was told the house was ours free and clear so i had no reason to think that I shouldnt remodel it.I didnt invest money into the property for someone else and I gave up a home that I would have owned now because of it.All the property tax is in mine and my husbands name,we get the assessment every year for the land and the house.I dont want to hurt my husband but I dont think it is fair that they watched me put the money into it and now doesnt want me to have anything to do with it.And it is income taxes that he owes

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              • #8
                as mentioned above, matrimonial home is subject to 50/50 split.

                he can keep the house but must buy you out at fair market value. unless he has $$'s in the bank, he may need to get a mtg on the house, to do this.

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                • #9
                  You are not liable for his unpaid income taxes. Each person is responsible for their own.

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                  • #10
                    Originally posted by yearsgone View Post
                    You are not liable for his unpaid income taxes. Each person is responsible for their own.
                    That is simply not true, by the family court or by moral standards. Regarding the family courts, others here have posted results where income tax owed was split 50/50.

                    Morally, when you are married and you make $100 for example and you don't pay tax on it, and, by the definition of marriage, you each share in the value of spending that $100, then of course you both owe the taxes on the money equally to the CRA, regardless of who earned the income. It is simply a debt of the marriage.

                    It is only true in that the CRA will come after the person who owes the taxes, but that does not dictate how the debt is split any more than if you buy something while married and put your name on it, the debt and asset is still a marital item to be split 50/50.

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                    • #11
                      Originally posted by felicia504 View Post
                      there were no mortgage payments made i was told the house was ours free and clear so i had no reason to think that I shouldnt remodel it.I didnt invest money into the property for someone else and I gave up a home that I would have owned now because of it.All the property tax is in mine and my husbands name,we get the assessment every year for the land and the house.I dont want to hurt my husband but I dont think it is fair that they watched me put the money into it and now doesnt want me to have anything to do with it.And it is income taxes that he owes
                      If the property taxes are in you and your husband's name, that suggests that the land title is also in your names.

                      Whose name is the house in? Check land registry records.

                      How much money did you contribute to renovations?


                      And billlm is correct. The change in the income tax liability of the spouse over the life of the marriage is shared 50/50 under family, notwithstanding that the debt is one person's name.

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