Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Financial Issues

Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

Closed Thread
 
Thread Tools
  #1  
Old 11-08-2008, 12:31 PM
boxer12 boxer12 is offline
Junior Member
 
Join Date: Nov 2008
Posts: 12
boxer12 is on a distinguished road
Default matrimonial home

I purchased a home 10 months before my marriage but with the idea I was purchasing it for the matrimonial home. Only my name is on the deed and mortgage. My marriage lasted only 9 months. Is my wife entitled to half. In 9 months she had moved out and has not paid any mortgage payments, upkeep, utilities or anything. There is a large mortgage on the house. She did not contribute to mortgage even when there
  #2  
Old 11-08-2008, 01:21 PM
selfrep selfrep is offline
Junior Member
 
Join Date: Apr 2008
Posts: 28
selfrep is on a distinguished road
Default

I believe that you brought this asset into the marriage and it was extremely short term in nature. I believe that there is a good chance you may get away without having to pay very much on this. The only amount she would be entitled to would be 1/2 of the increase in the equity over the duration of the marriage. If the equity in the house was $50k after the mortgage and this increased to $55k then she would be entitled to $2,500. The myths are far worse than the reality. Mind you the reality can be quite astounding.
  #3  
Old 11-08-2008, 01:25 PM
boxer12 boxer12 is offline
Junior Member
 
Join Date: Nov 2008
Posts: 12
boxer12 is on a distinguished road
Default

Other issue is she moved out and is having our first child. She thinks she can get awarded the house on the basis that the child needs a yard etc
  #4  
Old 11-10-2008, 10:00 AM
littleman's Avatar
littleman littleman is offline
Senior Member
 
Join Date: Nov 2005
Location: OTTAWA
Posts: 552
littleman is on a distinguished road
Default

to your advantage she is sorely mistaken.....this was yours before her and will be yours after her...just because she brings a child intot the world doesnt give her rights that are more than yours....your home is NOT considered amtramonial home whreas it was bought out of wedlock therefore is not included and seriously how much equity can be increased in 9 months......more than likely you have lost some on the value....everyone has right now........dotn worry about it.....once a judge sees you have only your name on mortgage and deed and was done prior to date of marriage she is going to have huge uphill battle in regards to it on her hands.....
  #5  
Old 11-10-2008, 10:51 AM
boxer12 boxer12 is offline
Junior Member
 
Join Date: Nov 2008
Posts: 12
boxer12 is on a distinguished road
Default

I hope you are right. She claiims her lawyer has advised her of this. No court date set yet
  #6  
Old 11-10-2008, 06:09 PM
dadtotheend's Avatar
dadtotheend dadtotheend is offline
Senior Member
 
Join Date: Jul 2007
Location: Toronto
Posts: 3,644
dadtotheend will become famous soon enoughdadtotheend will become famous soon enough
Default

I'm not sure that you have it right. She very well could be entitled to half the equity in the home, including your down payment. The Family Law Act specifically treats the matrimonial home differently. It was a VERY short marriage, but the onus will be on you to demonstrate why there should a departure from the law.

That said, the house is yours, she's not on title. It's absurd that she should have the house because your as yet unborn child needs the yard. What a crock.
  #7  
Old 11-10-2008, 06:23 PM
boxer12 boxer12 is offline
Junior Member
 
Join Date: Nov 2008
Posts: 12
boxer12 is on a distinguished road
Default

She is definetly out to get whatever she can from me. I am trying to ifnd a good lawyer.
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Matrimonial Home question again.... rcooper Financial Issues 29 10-05-2011 11:54 PM
Home Ownership Matrimonial Home? epinecone Financial Issues 11 11-08-2010 09:28 PM
Access to family Home by ex spouse who does not live here! ANewLife Divorce & Family Law 8 02-17-2009 10:33 AM
Help - Matrimonial Home completeshock Financial Issues 4 01-15-2008 09:15 AM
Return to Matrimonial Home? Dante_66 Divorce & Family Law 5 06-01-2006 11:18 PM


All times are GMT -4. The time now is 05:25 AM.