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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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  #1  
Old 10-16-2019, 11:19 AM
newlifenewme newlifenewme is offline
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Default Matrimonial Home

I have a question about matrimonial home and wonder if any one on the forum has experience the same. The house that my husband and I lived in is in his name and in his sisters name. His sister put up the down payment of the house as the money was their mothers as it come from some life insurance that she received as well as the sale of her (mothers) home. The sister handled their mothers finances when their father passed away. The intent was that my husband and I move back to Canada to live in the house to help take care of his mother. We all moved in the house in July 2010 when it was completed.

The house was bought in November 2009 when we were living in another country and the original people listed on the house were his sisters. When we moved to Canada in July 2010 my ex was put on the title and mortgage when the house was finished building. They are indicating that the house is held in trust for their mother and that the house should be an exception.

Do I have any claim on the house? I am not listed on the title or mortgage but gave my ex $600 to help with utilities and groceries.
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Old 10-16-2019, 01:08 PM
iona6656 iona6656 is offline
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Did you actually help with the downpayment on the house?

If you gave your ex $600 (I'm going to assume it's per month)- that's REALLY cheap rent.

Why are you trying to lay claim to a house you didn't help buy?
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Old 10-16-2019, 01:22 PM
calvinfive calvinfive is offline
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whatever the house's value increased by those years you guys were married and it went under his name, divided by his share from the family it was inherited from, further divided by half, is what you will be entitled to.
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Old 10-16-2019, 01:37 PM
newlifenewme newlifenewme is offline
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Quote:
Originally Posted by iona6656 View Post
Did you actually help with the downpayment on the house?

If you gave your ex $600 (I'm going to assume it's per month)- that's REALLY cheap rent.

Why are you trying to lay claim to a house you didn't help buy?
No I did not help with the down payment of the home. The down payment was their mother's and the down payment was done through his sister's bank account.

Yes I helped with $600.

I was just wondering if I would have any claim and just getting some feedback.

Thanks
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Old 10-16-2019, 01:39 PM
newlifenewme newlifenewme is offline
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Quote:
Originally Posted by calvinfive View Post
whatever the house's value increased by those years you guys were married and it went under his name, divided by his share from the family it was inherited from, further divided by half, is what you will be entitled to.
Thanks I see how that goes. The down payment is something that would be exempted but the increase in value I can get half of his portion after his family's share.
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Old 10-16-2019, 01:52 PM
Stillbreathing Stillbreathing is offline
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You are entitled to a share as indicated above. Where it gets even trickier is that because your name is not on title, the courts can not make an order forcing the sale of the matrimonial home.
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Old 10-16-2019, 02:39 PM
rockscan rockscan is offline
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You also need to look at how much that is versus your legal fees to get it.

For instance, if the increase in value was 50 grand and his share is 25 then yours would be 12.5. If it costs you 15 to get that money you end up losing almost 3.
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Old 10-16-2019, 02:51 PM
newlifenewme newlifenewme is offline
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Originally Posted by rockscan View Post
You also need to look at how much that is versus your legal fees to get it.

For instance, if the increase in value was 50 grand and his share is 25 then yours would be 12.5. If it costs you 15 to get that money you end up losing almost 3.
That's an excellent point, thank you for bringing that up
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