Announcement

Collapse
No announcement yet.

No matrimonial home in this case??!!

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • No matrimonial home in this case??!!

    My husband and I have been married for 6 years. His parents were in their late 70s when we got married and we decided to help them out by living in the same house. A short time before we met, his parents and him moved to a larger house with lots of space. After getting married I moved into that home with my husband and helped pay the mortgage and all expenses as would be expected. The only problem is that the house has always been in his parents' name.

    So despite this being the only place we have called home during our 6 years of marriage and having contributed to its expenses and mortgage, I have not been able to determine if it would still qualify as a matrimonial home or if we have no matrimonial home in this case!

    What would happen in that case in terms of our division of assets? He works as a contractor so he can work as much or as little as he wants and gets paid accordingly, other than that no other benefits. I make a little less than him but have a good pension. Despite having contributed to all expenses and running the house hold equally with my husband (his parents only receive old age pension) I am entitled to nothing in the case of separation?

    Scenario #2:
    If that same house is owned and shared by his parents, however in their will leave the house to him and his sister, do I lose all interest in that home when they pass away? And even if my husband only retains 50% of it, seeing as it is an inheritance that would protect it from me correct?


    Is there anything I could do to better protect myself and interests in these scenarios?

    Thanks for any input!

  • #2
    I think you probably have no interest in either scenario.

    The house is in his parents name. While you resided there and "contributed to its expenses and mortgage", that would most likely be argued that you and your husband were paying rent and your portion of utilities. Same goes as if you were living in an apartment not owned by his parents....you aren't entitled to a portion of the building because it was the matrimonial home.

    From my (not legal, or overly knowledgible) perspective, you and your STBX were tenents in his parents house. While there may be some arguments you could use, I don't know of any off hand.

    And when his parents die, the house would be distributed in accordance with the will. You may be entitled to an increase in CS, but likely nothing more.

    Comment


    • #3
      I disagree even though hd usually is correct. In this case you have a beneficial interest in the home...constructive trust, quantum meruit. Talk to a lawyer.

      Comment


      • #4
        I think Hammerhead is right...there is no interest in the home...they were merely paying rent to his parents during their time there, just like what would happen if they rented a house or apartment together.

        Comment


        • #5
          On the other hand, now that I think longer, six years is pretty short marriage and you would have paid rent in any case. Sorry I am thinking that Hammerdad was right but talk to a lawyer. If you paid ALL the mortgage and expenses and mom and pop paid nothing, then you MIGHT have a case for unjust enrichment...maybe. Still sounds a lot like rent as HD stated.

          Comment


          • #6
            Originally posted by beebie View Post
            I disagree even though hd usually is correct. In this case you have a beneficial interest in the home...constructive trust, quantum meruit. Talk to a lawyer.
            To me they were just tenants as the parents retained ownership of the house. Her fight with this would be with the parents, not her ex. Cannot see it flying at all.

            Comment

            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
            Working...
            X