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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 08-26-2019, 09:25 PM
Lostforwords Lostforwords is offline
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Default Unique house situation

Hi, i am new to this and have a very unique question about a home. If anyone knows about "marital homes". Please contact me via pm. And i put it in quotes bc it is a very different situation not come across any sites such as canill.
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Old 08-26-2019, 09:28 PM
rockscan rockscan is offline
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You may need to explain a bit further. Marital homes could mean something different. Most divorces involve matrimonial homes.
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Old 08-26-2019, 10:03 PM
Lostforwords Lostforwords is offline
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Ok, i bought my house over 10 years ago with my family, parents siblings etc. I am the only one on title but we all lived together and still do til this day. I was stupid enought to get married and he moved in for 1.5 years. Never paid anything. My family and i paid everything. Daily living costs mortgage up keep etc. He now wants half. He lived and ate our food without paying anything, claiming he was saving to buy a house for him and me. So i come up broke with him having tons of hidden money too now. How can they try to claim it as a martial home when we lived not only with my family but they paid and bought it before he was ever around?
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Old 08-26-2019, 10:20 PM
rockscan rockscan is offline
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I believe he would only be entitled to a portion of the increase in value during the time he lived there.

You should talk to a lawyer though. As far as I know, if you owned the home and continued to own the home and he lived there for a period it is only that period that the increase in value is concerned. All the restwhat he paid or didnt who lived there etc is irrelevant.

He can go after whatever he wants, doesnt mean he will get it.
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Old 08-26-2019, 10:21 PM
rockscan rockscan is offline
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Quote:
Originally Posted by rockscan View Post
I believe he would only be entitled to a portion of the increase in value during the time he lived there.

You should talk to a lawyer though. As far as I know, if you owned the home and continued to own the home and he lived there for a period it is only that period that the increase in value is concerned. All the restwhat he paid or didnt who lived there etc is irrelevant.

He can go after whatever he wants, doesnt mean he will get it.


I should also mention that you may be entitled to half of his net worth increase while you were married. But talk to a lawyer.
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Old 08-26-2019, 10:35 PM
Lostforwords Lostforwords is offline
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Ive spoken to my lawyers and thats what they say but then they say it could be half. Dont even start me on them. Why would it only be the increase? His side went crazy in court demanding half saying its a marriage house. And that my name is only on the title. He hide all his assets we are trying to get them to reveal it. He did all this before filing i got so screwed. Im so worried my parents are so old they dont need this loss or my siblings. We worked so hard to get this house and he swoops in for 1.5 years and wants half? Do you know anyone who has had a similar situation?
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Old 08-26-2019, 10:37 PM
Lostforwords Lostforwords is offline
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Also i should mention i keep hearing the same thing your saying but then when in court the judge wanted my side to show who has interst in the house. Like my family.
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Old 08-27-2019, 01:09 AM
tunnelight tunnelight is offline
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Depends when you bought the house. Was it before you guys were common law? If yes, then he is entitled to net difference of the house worth from when he moved in to present day.

If it was after, then he is entitled to half.

The same goes for debts.

Key for you here is.. Which is cheaper all things and stress considered... taking half and moving on.. or paying a lawyer and keeping the net difference. Unless you're talking something like 60 grand or more, I would say not worth enriching a lawyer.
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Old 08-27-2019, 03:32 AM
Lostforwords Lostforwords is offline
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Hi we were never common law. When i bought we did not know each other. He only movdd in after marriage. The sad thing is i have to fight bc the 1.5 year he moved un is maximum 5k increase vs half which is way over 100k. Thats a big difference.

I just want to understand why my sityation is different bc after last weeks cc i need way more knowledge before i speak to my lawyers. They have been really rude bc they got ripped apart at the cc

1) everywhere i read it says even if i bought before it is a matrimonial home once we seperate and he will be entitiled to half. What is the reason he will not get that ? Sorry to keepasking i need to understand why im different vs everyone else who gets stuck with half.

2) behind my back he went and listed the home as a matrimonial before we seperated in the land registry i think its called

3) i cant even negotiate or speak to him he just wants my blood. Weve tried to explain that this lawyee $$ could be spent towards our childs future but nope he cant even wipe his own a** without his lawyer. And we all know they want to make $$.

4) are there any cases on canlii that are examples i can look at? I tried but to no luck.

Thank you both again!!
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  #10  
Old 08-27-2019, 10:17 AM
HammerDad HammerDad is offline
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He is only entitled to 1/2 of the value since the date of marriage. He can argue for more, but your argument against is simply they aren't entitled to it.


It is a simple matter of determining the date he moved in (or the date you married, whichever is first) and the date he left. Your family living there is not very relevant as they are not on title.


As for your other points about him hiding money, or listing the house as the matrimonial home are not relevant. The only reason the money MAY be relevant is if he accumulated it during the marriage, and that you would be entitled to half of it. For the second issue, the house is the matrimonial house. There is no need to list it as such as it simply becomes upon marriage and residing together in it.


This is little more than an equalization matter which is generally the easiest part of divorce (so long as everyone is forthcoming with their asset spreadsheets).
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