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  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 08-18-2020, 01:10 PM
bestway21 bestway21 is offline
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Default 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
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Old 08-18-2020, 01:40 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by bestway21 View Post
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?
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Old 08-18-2020, 02:08 PM
rockscan rockscan is offline
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Quote:
Originally Posted by bestway21 View Post
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.
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Old 08-18-2020, 03:37 PM
bestway21 bestway21 is offline
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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.
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Old 08-18-2020, 04:08 PM
Stillbreathing Stillbreathing is offline
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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.
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Old 08-18-2020, 04:10 PM
rockscan rockscan is offline
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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.
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Old 08-18-2020, 08:41 PM
Stillbreathing Stillbreathing is offline
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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.
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Old 08-19-2020, 02:31 AM
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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.
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Old 08-19-2020, 10:59 AM
tilt tilt is offline
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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).
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Old 08-19-2020, 11:15 AM
bestway21 bestway21 is offline
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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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