Matrimonial Home

[LostFather]

During a break up, if your ex is on the mortgage and the other is not, but during the last re mortgage the other had to sign papers (because they were husband and wife) stating that it was ok to re mortgage, then what right if any does the other who is not on the mortgage have if any to either stay in the home, or the proceeds?

The relationship together is 3+ years under the same roof. They're married as well if that makes any difference.

[NBDad]

Makes not one whit of a difference if both names are on the title/mortgage or not. Each is entitled to 50% of the net marital assets. (Assets - debts = net assets)

Being married is just icing. Common law can argue for a share, but it's not automatically assumed. Actual marriage? yeah, they get 50% each, unless there is some exceptional circumstance in play. (ie. inheritence, etc)

[LostFather]

Makes not one whit of a difference if both names are on the title/mortgage or not. Each is entitled to 50% of the net marital assets. (Assets - debts = net assets)

Being married is just icing. Common law can argue for a share, but it's not automatically assumed. Actual marriage? yeah, they get 50% each, unless there is some exceptional circumstance in play. (ie. inheritence, etc)

No, nothing like that. The wife tried to lock the husband out, but hasn't gone as far as changing the locks. Yet!

[LostFather]

Makes not one whit of a difference if both names are on the title/mortgage or not. Each is entitled to 50% of the net marital assets. (Assets - debts = net assets)

Being married is just icing. Common law can argue for a share, but it's not automatically assumed. Actual marriage? yeah, they get 50% each, unless there is some exceptional circumstance in play. (ie. inheritence, etc)

So now there is the threat of the wife calling the police. What is the rights there, how do they decide who stays? Who goes?

[LostFather]

Makes not one whit of a difference if both names are on the title/mortgage or not. Each is entitled to 50% of the net marital assets. (Assets - debts = net assets)

Being married is just icing. Common law can argue for a share, but it's not automatically assumed. Actual marriage? yeah, they get 50% each, unless there is some exceptional circumstance in play. (ie. inheritence, etc)

Can you point to law concerning the matter?

[NBDad]

Unless she tries to claim physical abuse, they cops can't do anything. They can ask him to leave, but cannot force the issue.

She cannot unilaterally change the locks on him. If she tries, he can call a locksmith to open them back up.

In order to protect himself, I would strongly encourage the person in your example to purchase a person voice recorder and wear it on their person at ALL TIMES while in the home.

In so far as specific law/rulings to this effect...go search CANLII for things like "exclusive possession of matrimonial home".

Unless she has an exclusive possession order, he has every right to live in the home. Only other way to remove him is he either voluntarily leaves, or is removed due to allegations or charges of abuse (NOTE: Voice recorder makes this moot, he can then whip it out, play the tape for the officer, and that should resolve it.)

If she tries to pull that, make sure he gets the name of the responding officer as well as the file number. (ALL calls that the police respond to have a corresponding case file number, if he can provide the details to the jduge, they can look it up.)

In the event she pulls false allegations of abuse, which he should be able to disprove...then he can go and ask for 1. a restraining order and 2. exclusive possession of the home due to her allegations.