Need help

[mcivey]

My wife and I are seperated and have been for about 6 months we have three kids 5, 6, 10. I am very much a part of their life. I keep them everyother weekend and pay child support every two weeks even though we aren't divorced yet.

Anyways the only thing hold this divorce up is the house me own and the mort. we have on it.

So this is the problem. We bought the house after we were married. We paid for it with money SHE recieved from a injury settlement. We paid cash for it in full. Well down the road we decided to take out a mort. on it for $80,000. This was to pay off both our cars, bills and other stuff. She has been told that I am not entitled to any of the house because she paid for it with the money she recieved from the settlement even though we were married. So now if thats true we have the mort. out there that she want's me to pay half of and she keeps the house. I understand that some of that money paid off the truck I'm driving around. Like I said I been paying here child support and half the mort. note even though I haven't been living there for the past 6 months. So I am wanting to know am I entitled to any of the house and how will the mort be handled and what are my options in all this. Do I have and ground to fight for any portion of the home or am I just stuck out with no part of the home and half the mort?

[logicalvelocity]

Mcivey,

Sounds like you have most things settled. All assets and liabilities are divided equally. It is hard to say whether your other half would get credit for buying the house as the house was treated as a matrimonial home throughout your realtionship and subsequently remorgaged to pay off MUTUAL FAMILY debts.
I think your entitled to half its value, regardless if your spouse purchased it with proceeds of an insurance settlement and at the end of day it is still considered the matrimonial home.

[mcivey]

Thanks

Boy I sure hope your right I been sweating it out for the past 6 months thinking I was going to get screwed. So how does this work are you a lawyer is this credable info because if so you sure made my day. I know I still need to get me a lawyer and talk it over with him, but all this info was coming from her and what she said her lawyer said. I'm not trying to screw her over i just don't want to be in a bind where I can't go out and buy myself a home to live and where my kids can come and feel comfortable. Also should I be paying her half the mort. now along with the child support I'm paying her?

[lammie]

I agree with Logicalvelocity. Just because she paid for the house with money she got from an injury settlement does not make it hers and hers alone. If she had owned the house or gotten it before you got married, things might be different.

If one spouse works and one stays home the one who brings all the money in to pay for the house doesn't get 100% of the house. I believe your wife's reasoning is flawed.

Good luck, hope you can resolve things amicably.

[logicalvelocity]

Hi,

I am not a lawyer and you have to remember this is a forum. What you receive in here is an opinion.

I have been in a difficult situation in my life and educated myself on the relevent laws that applied to my situation being, Family law Act Ontario, Children's Law reform Act Ontario, Divorce Act(Canada) and succession law reform act(Ontario (estates). I have read quit a bit of case law(jurisprudence) to have an idea how the law is applied. Family law is extremely grey and is open for judicial discretion. Some things are black and white others are grey.

I would spend an hour and get a legal opinion with someone such as Jeff and you would know exactly where you stand legally. It would be well worth the money since so much is on the line.

[mcivey]

Thanks

Ok thank you very much for all your help.