house and deed

[kidsfirst]

what happens if we are married and we seperate and
the home is under one person , deed under one person
Can the person with the house , deed , be able to take
all?

[Jenny]

If you are married it is considered a matrimonial home and both parties are considered to have a 50/50 ownership regardless of who is on the deed.

[logicalvelocity]

If you married in lived in the house or home, this would be considered the matrimonial home, and in Ontario would be subject to equal division regardless if it was owned individually or joint

[honey I'm home]

Hey guys

So let that be a lesson - stay broke and poor until your married. Then spend his or her money...

I don't think this is a fair law, which.... is one reason why I STAY single. I have provided for my two children by myself, and I bought our current home BY MY SELF..... why should I get married and if it doesn't work HE GETS 1/2 - no way man....rather keep "b.o.b." - and his one and only expense is batteries... lol

[kidsfirst]

No one is saying that they would take eveything. I think what you
have before you marry should be that of who worked for it.
After marriage what we both work for is 1/2 together.
Not everyone is after things in life. There is more to it than money.
Unfortunately whose who have something put such a value on it.
Just as quick as you have something it can be taken from you...
health and happiness are so much more important

[Jenny]

I think it is a perfectly fair law. The home where you make your life together should have special provisions to it imo. You don't want someone to have a claim to your house?- sell it - buy a new one with the other person- sock away the extra money in places where they are earning interest or keep your house as a revenue builder and rent it out- then it isn't a matrimonial home. Simple as that. Or if you don't agree with the law then look at getting a pre nup. You have options besides your battery operated boyfriend

[honey I'm home]

Hey Jenny

NO FRIGGEN WAY I'll keep to my bobby... ha ha ha

Look what happened to my friend - 98 days he lives with his EX-WIFE - their agreement was in place 6 years before he got the house - they were living separate lives and look what happened - she moves in for 98 days and is now getting 1/2 the house... so what maybe I should limit the real men (not bob) to a week. And a pre-nup NO WAY it's not iron clad ya know. What ever would be written say TODAY I would have to probably PROVE that HE wasn't forced or something... forget it would rather be single - my faith in the system has been totally ruined by watching friends go through the system and listening to all of you on this site, remember I would be the victim which doesn't even leave me a leg to stand on with our laws - our laws are there to protect the criminal, not to protect the victims.

Anyway I'm not ready to give up the remote... ha ha ha

[Jenny]

Were they actually divorced? Or just separated?

If it was only a separation then the issue wasn't that he lived with her just for the 98 days- they must have had a reconciliation clause in the agreement. It meant after 90 days it was as if that agreement didn't exist.

If a home isn't matrimonial it is treated like an asset you had before marriage. That means you don't live in it with that spouse. Simple as that.

Stick with your BOB. I know that the idea of being in another relationship is not terribly attractive right now for me. But I can't discount the idea that I will have a meaningful relationship with someone else in the future. You can choose well. You can protect your self, especially if you know the laws and go into a marriage/relationship with your eyes open. Not everyone is after your money/house.

Jenny

[sasha1]

Personally, I'm with Jenny on this one. I always just thought of pre-nups as being for the "rich", but at this point, I'm thinking that if you've got anything of value when you want to marry, people need to look seriously at having a pre-nup. They've gotten a bad rap because of TV and movies, etc, but there's no reason I'm aware of that a pre-nup can't just simply say that specified property (including a home, or a specified value invested into a home) will remain with the original owner in the event of a divorce. I believe everything else (right to jointly-acquired assets, spousal, etc.) can remain within the scope of common legal rights.

[applepie]

I have to chime in with my agreement about the prenuptual. It doesn't mean that you love your partner any less or you are planning for a divorce. Just that if it happens then you are both protected.