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  • 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.

  • #2
    You may need to explain a bit further. Marital homes could mean something different. Most divorces involve matrimonial homes.

    Comment


    • #3
      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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      • #4
        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 rest—what he paid or didn’t who lived there etc is irrelevant.

        He can go after whatever he wants, doesn’t mean he will get it.

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        • #5
          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 rest—what he paid or didn’t who lived there etc is irrelevant.

          He can go after whatever he wants, doesn’t 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.

          Comment


          • #6
            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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            • #7
              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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              • #8
                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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                • #9
                  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!!

                  Comment


                  • #10
                    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).

                    Comment


                    • #11
                      What happened at the first case conference and what did your lawyer do? Was the judge saying anything out of the ordinary?

                      Perhaps your lawyer may not be able to handle this? Or if your ex has a pit bull lawyer who wouldn’t back down?

                      Comment


                      • #12
                        Hi,

                        The date we married and him moving in are juat a couple months nothing significant. So he wont get the full half just from when he moved in. That really helps alot. Will the courts view it as that too? He accumalated during marriage and moved it before he filed. Its sad. I just dont even care i just want him out of my life take whatever he made and go. I just want this over and to protect my families hard work. I hope the courts will view it as only that and not the full half.

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                        • #13
                          The judge didnt seem interested in the house when his side said they wanted half. My side wants to bring in my family and the judge wanted us to show an interest in the house from them. I am assuming that would be down payments, bills, mortgagte paynents etc.

                          His lawyer is a psycho she lied about the first ecc and my mouth was on the floor. I dont know if my lawyer is holding her catds bc its a cc or couldnt argue. There was ALOT we could have proven and argued back but nothing. Ss wasnt even brought up even though it was on the list. It seems like we are in a loop and no one is resolving this. This could be done so quickly if he would just be open to talking to me but his lawyer is guiding him. We saw that in court. Im lost i dint know what to do. Im going to speak to my lawyer but until then....

                          Comment


                          • #14
                            For a marriage of a year and a half you should stop thinking about spousal. If there is a child it should simply be about child support.

                            Your family living there and paying bills has little impact. The bottom line is when the house was purchased, when he moved in, when he moved out. Any other assets like RRSP or pension, properties purchased etc. during the 1.5 years would be relevant but other than all that, this is a no brainer.

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                            • #15
                              Honestly i dont want any support from him. I would be so happy to settle tomorrow and be done. I think thos is gettingout of hand bc of the lawyers. I dont want this money spent on them. Rather babys future college, sports etc. This lawyer money is being wasted and it its like you guys are all saying i just checked... 10k.... i would give him that so we dont lose more to lawyers. His lawyer keeps putting in his mind he gets half. I dont know how to tell him stop wasting money lets settle. He wont listen to any of us. This canall be going to the babys future... think about her not us. Put her first lets move past this hostility. Even my lawyer keeps saying its a waste of $$$

                              Comment

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