Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 01-25-2012, 01:47 PM
jenni989 jenni989 is offline
Junior Member
 
Join Date: Jan 2012
Posts: 3
jenni989 is on a distinguished road
Default No matrimonial home in this case??!!

My husband and I have been married for 6 years. His parents were in their late 70s when we got married and we decided to help them out by living in the same house. A short time before we met, his parents and him moved to a larger house with lots of space. After getting married I moved into that home with my husband and helped pay the mortgage and all expenses as would be expected. The only problem is that the house has always been in his parents' name.

So despite this being the only place we have called home during our 6 years of marriage and having contributed to its expenses and mortgage, I have not been able to determine if it would still qualify as a matrimonial home or if we have no matrimonial home in this case!

What would happen in that case in terms of our division of assets? He works as a contractor so he can work as much or as little as he wants and gets paid accordingly, other than that no other benefits. I make a little less than him but have a good pension. Despite having contributed to all expenses and running the house hold equally with my husband (his parents only receive old age pension) I am entitled to nothing in the case of separation?

Scenario #2:
If that same house is owned and shared by his parents, however in their will leave the house to him and his sister, do I lose all interest in that home when they pass away? And even if my husband only retains 50% of it, seeing as it is an inheritance that would protect it from me correct?


Is there anything I could do to better protect myself and interests in these scenarios?

Thanks for any input!
  #2  
Old 01-25-2012, 01:55 PM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,968
HammerDad will become famous soon enough
Default

I think you probably have no interest in either scenario.

The house is in his parents name. While you resided there and "contributed to its expenses and mortgage", that would most likely be argued that you and your husband were paying rent and your portion of utilities. Same goes as if you were living in an apartment not owned by his parents....you aren't entitled to a portion of the building because it was the matrimonial home.

From my (not legal, or overly knowledgible) perspective, you and your STBX were tenents in his parents house. While there may be some arguments you could use, I don't know of any off hand.

And when his parents die, the house would be distributed in accordance with the will. You may be entitled to an increase in CS, but likely nothing more.
  #3  
Old 01-25-2012, 10:49 PM
beebie beebie is offline
Senior Member
 
Join Date: May 2011
Location: Calgary, Alberta
Posts: 300
beebie is on a distinguished road
Default

I disagree even though hd usually is correct. In this case you have a beneficial interest in the home...constructive trust, quantum meruit. Talk to a lawyer.
  #4  
Old 01-25-2012, 10:51 PM
Berner_Faith Berner_Faith is offline
Senior Member
 
Join Date: May 2011
Location: Ontario
Posts: 3,360
Berner_Faith will become famous soon enough
Default

I think Hammerhead is right...there is no interest in the home...they were merely paying rent to his parents during their time there, just like what would happen if they rented a house or apartment together.
  #5  
Old 01-25-2012, 10:56 PM
beebie beebie is offline
Senior Member
 
Join Date: May 2011
Location: Calgary, Alberta
Posts: 300
beebie is on a distinguished road
Default

On the other hand, now that I think longer, six years is pretty short marriage and you would have paid rent in any case. Sorry I am thinking that Hammerdad was right but talk to a lawyer. If you paid ALL the mortgage and expenses and mom and pop paid nothing, then you MIGHT have a case for unjust enrichment...maybe. Still sounds a lot like rent as HD stated.
  #6  
Old 01-26-2012, 06:41 AM
standing on the sidelines standing on the sidelines is offline
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,605
standing on the sidelines is on a distinguished road
Default

Quote:
Originally Posted by beebie View Post
I disagree even though hd usually is correct. In this case you have a beneficial interest in the home...constructive trust, quantum meruit. Talk to a lawyer.
To me they were just tenants as the parents retained ownership of the house. Her fight with this would be with the parents, not her ex. Cannot see it flying at all.
Closed Thread

Tags
in-laws, matrimonial home, parents


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Matrimonial Home question again.... rcooper Financial Issues 29 10-05-2011 11:54 PM
Matrimonial Home, Residency and Residential rights zoltar Divorce & Family Law 1 08-20-2011 12:04 PM
Home Ownership Matrimonial Home? epinecone Financial Issues 11 11-08-2010 09:28 PM
Help - Matrimonial Home completeshock Financial Issues 4 01-15-2008 09:15 AM
Return to Matrimonial Home? Dante_66 Divorce & Family Law 5 06-01-2006 11:18 PM


All times are GMT -4. The time now is 11:54 PM.