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  • matermonial house and title

    Ok have a quick question ! X and have been split for 2and half yrs and was married 14yrs in a matermonial home ! Now where it comes complicated is the house is under her name , but since we lived there and i paid the mortagae for 13yrs its consider a matermonial home . My x remortage 15,000 and because my name wasnt on the title i had no say ! Now my lawyer looked into the loan and she said she was devoriced and her home and not a matermoial home . My lawyer z he can put my name on the title for 1000.00 because i have a written letter from her stating when we signed seperation she will split the house , when we had it up for sale i had to sign on it ! that was two yrs agao ! Realtor knew i lived there aswell . Can i go to the bank and say i want my name on the title with proof or better with lawyer ?

  • #2
    (assuming you didn't trade house equity for some other asset as part of your equalization) You are entitled to 50% of the house value AT SEPARATION minus the mortgage AT SEPARATION time. If she remortgaged after separation, then it will not affect how much you get after you sell. You don't need to be on title. Probably you needed to sign because it IS matrimonial property and you DO have a financial interest in it.

    Is the house still on the market? Did it sell?

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    • #3
      Thank You for the reply and the house isnt on the market and she refuses to sell now , plus i walked away with nothing just my clothing and she promise to split everything but in the 2 yrs time i totally refurnished my own place . My biggest fear is if she sells she can say you get nothing my name isnt on the title but all my x neighbours know and kids and family ! She has new boyfriend and she wants to relocate and sell !He also lives there off and on so cant he say its common law ? Since i havent been on the premisis for almost 3 yrs now she is keeping everything hush hush !

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      • #4
        If I went to the bank and said I have interest, will they do anything? Since Cibc is where the mortgage is being held. Or get my name on title for 1000. 00. It's starting to add up.

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        • #5
          Bank cannot do anything since you are not on the title. In order to put your name on the title, your ex will have to consent.

          Your best bet is to force the equalization through family court.

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          • #6
            My x wont consent but i have to much stuff stating i have a interest , my lawyer said the smoking gun is the letter stating when we legally separated saying she will split everything 50/50 both names , dated and signed of the day of the separation !! She didnt want that involved in the seperation agreement but i refuse to sign until she wrote me something . The dumb part is we had a joint account , we closed it 2 days after we broke up . I'm surprised bank didn't put two and two together .. How come my lawyer said he can put me on title without ex consent

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            • #7
              In order for your lawyer to do it , he still has to get a court order. So why not push for equalization.

              it does not cost a 1,000 dollar to actually put you on the title, he is charging you to start some legal proceeding since you do not have her consent.

              Just ask him how he plan to do without her consent and if he plan to go to court.

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              • #8
                Moonlight, you have 6 years under Ontario law to seek equalization. After that you may not seek any money.

                You say 2 1/2 years have gone by already. You need to file for equalization.

                You are asking a lot of questions, how come this and how come that. That is fine, it is what we are here for, but these are basic questions your lawyer should have answered on the first day.

                You have a right to half the value of all of the furnishings and possessions you left behind. Half the value of the appliances. Half the value of house and the land.

                You have to total all this up and file a claim for it in family court. Now. Not next month or next year, because next month or next year something else will come up and delay you.

                We can complain about your lawyer, but in the end this is your life, your property, your money. If you do nothing, then in a couple of years it will be you that lost it.

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                • #9
                  so my lawyer is wrong ! He said its just a signature and presto !! Is this something I can file on my own ? Times going by and if she mortgages im screwed !! Question lawyer said shes the one who defrauded the bank stating she was legally separated ! which it was only 3 month after we separated she remortgage 15,000 and stated she was legally seperated for yrsss... sorry its getting costly for me ! She knows it and laughs about it

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                  • #10
                    She is legally on the hook to pay you half the asset value of the home at date of separation. It doesn't matter whose name was on what or what happens to the house after separation or what she does with her money. She's going to have to pay you one way or another.

                    The only things that can stop it are her declaring bankruptcy, or you not actually pursuing it.

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                    • #11
                      can i do any on my own ! I was working two full time jobs to pay lawyer and my kids sports !! I had to give up one of my jobs due to not keeping up anymore !!

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                      • #12
                        Yes, you can do it on your own. Whether you are able to is another question i.e. do you have the smarts and perseverance and time to educate yourself and get through the court processes.

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                        • #13
                          Hi Six,

                          You must have something with your name and the address of your matrimonial home to prove that you lived there, bank statements, income tax forms, etc. That should be proof that you lived in the home.

                          Comment

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