Announcement

Collapse
No announcement yet.

Matrimonial Home: Conflicting Information....

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

  • Matrimonial Home: Conflicting Information....

    Hi again group...

    Thanks for all the good answers thus far. You are all very helpful!

    BACKGROUND:

    I owned my home (mortgage free) before I married. I sold this home WHILE married and purchased a much cheaper home (about half the price). We have been married for three years.

    My quandry is this: A lawyer I am considering using (I am "interviewing" a few with great reputations in our community) states that because I have all the receipts and paid all the bills (telephone, taxes, cable, hydro, improvements such as fences, hot tub, patio, garden shrubs etc) from MY account, I can prove that my wife is NOT entitled to:

    a) any of the value of the improvements and

    b) that she is NOT enttiled to half the house as it is appearant that I have taken care of all the financial responsibilities from my account although she works.

    She makes decent money, but has debt from her first marriage and really hasn't been able to afford to make a financial contribution to the home. In fairness, I accepted this and she has done physical work around the home.

    Is this a "loop hole" to the figuring out the equalization payments, or is it an argument that holds real water. Again, in fairness to the lawyer, I asked him what COULD be done....not if I would win.

    Lastly.....are there ANY exceptions to the idea that once married the home lived in is jointly owned 50/50?

    In advance, thank you for your help!

  • #2
    Hi Barry,

    I've read your post a few times.. are you talking about the home you own now, or the home you owned at the date of marriage?

    If you're talking about the matrimonial home that you and your wife are living in now, I'm afraid I don't agree with the lawyer you have been speaking with. It doesn't matter if your wife didn't contribute a single cent to the downpayment or any renovations, taxes, household expenses, etc. She has an automatic 50% interest.. no ifs, ands or buts about it.

    are there ANY exceptions to the idea that once married the home lived in is jointly owned 50/50?
    I know what you're saying, but just to be clear.. your wife doesn't own the home jointly with you unless she is on title. She just has a 50% interest. Unfortunately, there are no exceptions.

    Lindsay

    Comment


    • #3
      I should add that the only way that your spouse would not have an automatic interest in the house is if you two were in a common law relationship. If that were the case, the lawyer you have been speaking with is correct. Receipts and other proof showing your sole contributions to the house would help discredit any claims of unjust enrichments made by your spouse.

      I'm pretty sure that you and your wife are married, but some common law partners refer to their spouses as "my husband" or "my wife."

      Lindsay

      Comment


      • #4
        I echo what Lindsay has mentioned.

        lv

        Comment


        • #5
          Many thanks.....

          You got it all right Lindsey....I guess I will have to rely on her integrity in this case....I wish I had gotten a pre-nup.....this is lesson will end up costing me about $145,000 (coulda gone to med school in Hawaii ~ damn)

          I really appreciate your help!!

          Barry

          Comment


          • #6
            I just noticed in another thread that you were married for less than 5 years. If that's the case, then you can ask for an unequal division of property on those grounds.

            You'd need to look at the totality of the property division to determine this, but if your wife is gaining half of a mortgage free house after just 3 years of marriage, then you may have a case for an unequal division.
            Ottawa Divorce

            Comment


            • #7
              Originally posted by Jeff
              I just noticed in another thread that you were married for less than 5 years. If that's the case, then you can ask for an unequal division of property on those grounds.

              You'd need to look at the totality of the property division to determine this, but if your wife is gaining half of a mortgage free house after just 3 years of marriage, then you may have a case for an unequal division.
              Hi Jeff....

              Now I am confused.......does the unequal division of property INCLUDE the value of the matrimonial home? Is is possible that my wife will be entitled to LESS than half the value of the home as the marriage was less than 3 years?

              OR....is it simply the REST of the marital property (items, RRSPs etc) purchased after the marriage began....leaving the value of the home at a clear and clean 50%?

              Comment


              • #8
                Hi Barry,

                The matrimonial home is always included in the equalization of the parties' net family property, as well as all other assets and debts. So, to answer your question:

                Is is possible that my wife will be entitled to LESS than half the value of the home as the marriage was less than 3 years?
                Yes, that's what Jeffrey is saying. Your wife still gets the automatic 50% interest. The onus is on you to prove that she is entitled to less.

                Lindsay
                Last edited by Lindsay; 07-18-2006, 10:15 AM.

                Comment


                • #9
                  Hi Linsay and Jeff....

                  OK, now I am more confused than EVER!! lol....I am confident that the info is correct, but to me in my "non-legal and really stressed out" mind frame, I am not gettin' it.

                  Originally posted by Lindsay
                  Hi Barry,

                  ............. It doesn't matter if your wife didn't contribute a single cent to the downpayment or any renovations, taxes, household expenses, etc. She has an automatic 50% interest.. no ifs, ands or buts about it.

                  I know what you're saying, but just to be clear.. your wife doesn't own the home jointly with you unless she is on title. She just has a 50% interest. Unfortunately, there are no exceptions.

                  Lindsay

                  Your above quote lead me to believe that she gets 50% and I that there were no exceptions....

                  Now I am understanding that I may have opporunity (as the marriage was only three years) to "prove" she is entitled to less....

                  This is the kind of info I have been trying to get at with my posts....However, I am still unclear what I can do....

                  PLEASE HELP!!

                  Comment


                  • #10
                    Hi Barry,

                    I see why you're so confused

                    When I said, "no ifs, ands or buts about it," I meant that a 50% interest in the home is your wife's automatic right as a married spouse regardless of the ownership and her contributions (or lack thereof).

                    So, automatically, she gets a 50% interest, no matter whether she is on title or whether or not she contributed anything to the house. However, it is possible to ask for an unequal division. As I said, the onus is on you to show the court that you are entitled to an unequal division. Your marriage being short-term does not result in an automatic unequal division of the value of the matrimonial home. It is up to you to illustrate that your wife should not be entitled to her automatic 50% interest.

                    I hope that clears it up. If not quite, no worries.. we'll work it out!

                    Lindsay

                    Comment


                    • #11
                      what's fair

                      I was married 27 years.I left/separated in nov/05. Owned matrimonial home outright. My ex has decided to keep the home.I had a third party adjuster value the home in Feb./06(318k). I offered her that same price as a buyout price,it was rejected outright. Realestate here is rising quickly. Due to increasing prices, I decided to take money from our acct.(66k) in Feb/06 and put a deposit towards the construction of a new house for myself. By doing this the price of the new house is set, and does not increase further. My ex's lawyer is now saying that if I want the current house value (reestimated at 435k, June/06),of the house she is keeping used in the settlement ,I must pay the appreciated value of the house I am getting built.The house I am getting built is not even a hole in the ground yet,it is at least 10 months from being finished.I do not own title on this house until it is paid for at completion time and I take possesion.The money I paid is only a deposit towards construction,the builder owns it at this time not me. How can you value a property that does not exist yet, at a time 10 months in the future.What will market prices be? Will the builder go broke and I loose my deposit? I think this position is rediculous.Her house exists today and has a value.The house I have contracted to be built does not exist how can it be valued for a time in the future.

                      Comment


                      • #12
                        Hi g.willicroft,

                        In my opinion, since you vacated the home in November, 2005, an appraisal of the home should have been done for that date and you should only have to buyout your wife with half of the appraised value for November, 2005. This is assuming your wife assumed the responsibility for all household expenses from November, 2005 onwards. If you continued to make mortgage payments and payments towards other expenses for a house that you didn't live in after November, 2005, I believe you can be compensated for this through an adjustment to the equalization payment.

                        Your wife may ask for an adjustment to the equalization payment as well for the funds you took out to go towards your new home.

                        Re your ex's lawyer's position, I personally have never heard of this, but that doesn't mean it isn't reasonable. Are these properties in Ontario or somewhere in Canada?

                        Lindsay

                        Comment


                        • #13
                          Hello Lindsay

                          Back ground info: I still pay all the householdexspenses and bills. My pay is still deposited into our original accts.The house price in nov./05 when I left was 318k today it is 435k.The province is alberta.The house is mortgage free.I have said I will deduct 100% of the money I used for my deposit,from the money she owes for keeping the house.She rejected the offer I made in feb/06 at 318k for the house. She could sell this house for more than 435k today.How is it reasonable to want a price from Nov/05 (that you rejected)to be used today? How is it reasonable to want the future value of an asset that does not exist yet or that I do not have title of.Who says/determines what the value will be? Is there a law or rules for this?

                          Comment


                          • #14
                            Originally posted by Lindsay
                            I should add that the only way that your spouse would not have an automatic interest in the house is if you two were in a common law relationship. If that were the case, the lawyer you have been speaking with is correct. Receipts and other proof showing your sole contributions to the house would help discredit any claims of unjust enrichments made by your spouse.

                            I'm pretty sure that you and your wife are married, but some common law partners refer to their spouses as "my husband" or "my wife."

                            Lindsay
                            I don't understand. I thought common law spouses had the same legal rights as legally married spouses?

                            Comment


                            • #15
                              Matrimontial Home Basic question

                              My wife and I (Ontario) are splitting after 20 years, our major asset is the matrimontial home, no mortgage. We have 2 children, I will look after our son my wife our daughter. I have accepted a position in the UK and my son and I will move there shortly.

                              Q: I want to sell our home, my wife refuses. What are my options?

                              I assume I cannot borrow against our house, so I am left with virtually no cash to start my life over in the UK. I assume in the future when my wife finally agrees to sell, or dies, I will be entitled to one half the proceeds. This could be several year in the future.

                              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