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

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Old 01-10-2009, 12:37 PM
Neets Neets is offline
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I had posted this in Financial, but in spending some time looking around I think this question is better suited here.

Hi Everyone,

I have well probably a simple question, however this is all new to me.

I have just started to separate from my husband and he is making it hard at home. We do have a child together and it is starting to affect her too. We are planning on selling the house, however it will take time to fix up and list. I can't stay with my daughter in this situation, however if I move out I can't afford to carry both my half of the mortgage and rent and living expenses somewhere else too. So my question is: If I move out of the matrimonial home am I still responsible to paying my half? Or can I move out and he covers that while I cover only my new monthly expenses... and if so do I relinquish my rights on the matrimonial home?

Any insite would be very welcome!

Neets.
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Old 01-10-2009, 02:46 PM
bcbushboy bcbushboy is offline
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I'm not sure what province you're in (or if it matters) - I'm in BC. I assume "husband" means you're married.

My ex left and got an apartment. So I paid the mortgage & she paid rent elsewhere.

At JCC (Judicial Case Conference) I understood the law to say that because she had to leave the property, I was depriving her of her interest in the property & therefore she was not responsible for any of the property expenses from the date she left.

So she wasn't on the hook for both payments.

Have you met with a lawyer? If not, do so. I've read other posts that say don't leave the home until you talk to one.
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Old 01-11-2009, 12:00 AM
KLD KLD is offline
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Under no circumstance do you relinquish your rights to the matrimonial home if the home was purchased during the marriage (which "matrimonial home" - I am assuming yes). As for the question of your responsibilities, well, it really depends on why you cannot reside in the house together anymore. Many couples are in a similar situation and simply have to live under the same roof, in seperate bedrooms (which, let me add, still constitutes as being separated)awaiting the sale of the house. Bc's advice on this furthers the question as to "why not", because you could be relieved of the responsibility, but it depends on reasoning. Also, keep in mind...should you leave with child (and hold primary parenting), he would be entitled to pay child support to you, and that expectation begins immediately. Therefore, he may not have the financial means to pay for the expenses of the home on his own. There could be a chance that you have the financial ability to stay in the home more so than him. Depending on the state of your relationship, perhaps discuss it.
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Old 01-12-2009, 09:55 AM
jankes71 jankes71 is offline
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Do not leave the house under any circumstances. You will still be entitled to your share of the house if you do, and you do not have to keep paying your half of the bills. You are entitled to child support, and also after three months your child tax benefits will go up which helps as well. If you are residing in the same home, the government does not consider you seperated.
Try and get him to leave. If you leave, he is legally entitled to change the locks, which could also prevent you from retaining any possesions.
You could if he is willing, also draw up a seperation agreement, agrreing to these things before hand.
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Old 01-12-2009, 10:49 AM
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If it is at all possible to remain in the home, as suggested, in an alternate room, I would do so. This would alleviate additional financial burden, and safe guard against unforeseen issues that may arise from your moving out all together. Of course if you cannot avoid confrontation/conflict and it is affecting the child, you may have no choice but to consider alternate arrangements, but my suggestion is to request that he leave. I would ask your ex to take this step for the sake of the child to minimise disruption, and if he feels that doing so will harm his chances to any rights to the home, you could offer him a temporary separation agreement to cover his share to entitlement of the home etc.
Of course I would not recommend staying in any situation that you feel is harmful to the child or yourself.
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Old 01-15-2009, 10:05 PM
Neets Neets is offline
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Hi,

Yes I have met with a lawyer and we are both currently filling out the financial statements for the separation agreement. I wasn't sure how long this would take. Also my husband would like to hold onto the house for a while to see how the market goes. Should there be a clause in the separtion agreement that states how long he can hold on, otherwise it could be indefinitely. Given it's a matrimonial home I'd be entitled to half of the FMV of it. If he decides to sell it later in the year at what point does he have to pay me out? Or do I have to wait until the house actually sells?

Neets
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Old 01-15-2009, 10:27 PM
jankes71 jankes71 is offline
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Do a little research into real estate in your area, or talk to a realtor and find out when a good time to sell is. Your husband might be correct in waiting in order to get a better price. Which will benefit you as well.
Your husband can offer you a buy-out at any time that would give you FMV, or the money will be split between the two of you once the sale of the house goes through.
You can stall the sale of the house if you want to, or he can, but you will most likely need a lawyer to do this. My sister was pressured by my brother in law to sell their home while she was living there, but her lawyer told her since she was living there, she could have fought the sale easily since she needed it for her and her son as a residence.
Again, it's whatever you guys agree to.

Good luck
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