My husband and I were married for 18 months than seperated. he owned the materimonal home before me since 1987. We bought another home together in 2008 were I live now. Were both on title of both properties. My question is Am I entitled to half of the matermonial home. He says I'm not because the marriage was only 18 months.
Got a lawyer she says I was. Went to court yesterday for a case conference. My husbands lawyer argued I wasn't entiteled and nothing happened except we now go a motion next month.
My lawyer said maybe there right. How can this be.
What province do you live in?
I live in Ontario. Oxford County. Sorry missed that.
This is certainly a question you should put to your lawyer. That person has much more detail than you can give here, and you should be entitled to an answer to such a direct question.
But I can give you some general information. The law presumes that you are entitled to an equal division of the home, as it is matrimonial property in joint names. But the court does have the ability to set aside that presumption in certain circumstances, if it is convinced that an equal division of property would be unfair and inequitable in the circumstances. The length of the marriage has been held to be a factor that can lead to unfairness on an equal division. Courts have ruled that with a very short duration marriage, where one spouse brought an asset into the relationship and the other spouse did not contribute to its acquisition, maintenance or improvement in any significant way, it could be unfair to require that asset to be divided equally between the spouses. The court can then exclude that asset from division entirely, or it could divide it partially. How a court will rule is up to the discretion of that particular judge, and there are no fixed rules or laws that a court must follow on this point one way or the other. It is not automatic that a court will exclude the home from division on a short marriage, but it is certainly possible.
What section of the family law act should I be focused on.
I was told prior to court that I was entitled to half. Found out half way through it might not work this. I've paid my lawyer 3 grand and got nothing yesterday. I go to court again next month for a motion. Temp support because he is on my morgage.
My lawyer does understand that I'm upset.
I need support to help pay for the morgage at this house I live in. My husband has not given me a dime so far. Yes his name is on the morgage. The motion next month is for support. Any advise you could give me to help me get what I need next month and how to get my lawyer work harder for me.
I'm just about broke here and I need ass to help with the payments. Yes done all the paper work and statements. Kindly give me some advise that might help when I go see my lawyer next week.
Thanks for you advise
It is 5.6 that deals with unequal division.You can tell your lawyer that you want a reduction in our bill if there are not some results, if he did or explain to you ahead of time the risks that you face such as possible unequal division of property, or difficulty in getting support. I cannot give you legal opinion or advice, but there are relatively few cases where spousal support has been ordered after a 18 month marriage. It is not impossible, but difficult. You will want to ensure your lawyer has all information on your current expenses, future expected expenses, income, any expected changes to income, any health concerns that may effect income, information regarding any promise or pledge your husband made to you bout supporting you.You can take steps to challenge a lawyers bill by having it assessed by the court registrar. That normally has to be done within 3o days of getting the bill, but the court can extend that time. They will reduce it if it is excessive, or for work not performed, or for work not authorized. You can also make a complaint to the Law Society of Upper Canada, and while they have no power to remedy a bill, they can discipline a lawyer if he failed to give you a basic level of service, such as advising you of very obvious arguments against your position before you spent $3000 on his services.You could try to hint to your lawyer that you have these options, but you want to be cautious as the lawyer can stop acting for you if he believes there is a loss of confidence in his abilities.
with over 15 years experience.
At court yesterday the Judge said the morgage were I live has to be paid and kept up. I've been doing this alone for now 8 months.
I went to court yesterday to get help with this and nothing happened, that's why it was moved to a motion next month.
I'm thinking of closing my account were my morgage is. Open a new account with a different bank. Give post dated cheques for half the morgage at the bank were my morgage is until we go to court next month and let my husband pay the rest.
I' m also paying the line of credit that is both of our names. I stopped that this month because I can't do it anymore. He did make the payment the day before court. Now he looks like a hero. First payment on anything in months.
How would a Judge react to this action
What happens if I just stop making payments? Will I end up paying the penlty in the end
How a judge will react and the issue of a mortgage penalty will depend on a review of the overall income and expenses for the two of you. A judge may be critical that you are not paying towards the mortgage if you have the use of the home, and if it is not realistic that the husband move back in if he has to pay the mortgage, such as if he has his own home or personal conflict between the two of you would make the situation intolerable. I am sorry I cannot give you a definite answer, but we cannot give legal opinions through this site and I could not give any meaningful opinion on just snippets of information compared to what the judge is going to receive.
The matermonial home has a morgage on it. This morgage was in effect before the date of marriage.My name is XXXXX XXXXX this morgage. How does this effect me.
You are still dividing the equity in the home, not the total market value of the home. You cannot ignore the debt.
I'm now sitting tight for the moment.
I'll give me feed back soon. I need time to think,
I wish my lawyer had been up front. I now have a huge trust issue.
That is understandable. Good luck.
Sorry for my typo.
I will have more questions in the near furture. I'm just waiting for my next app.
Thankyou for the "Good Luck".
Do I have a legal right at this stage to just stop everything and cancel the upcoming motion for support, on July 13. If i do what are the consquences to me.
It will depend on exactly what the motion says and what documents have been filed in support to date. Usually the person who commences a motion can withdraw that, but in some cases you may need leave of the court to do so or the other person may be entitled to costs. This does not mean you pay his legal bill, but some amount that is set by the court tariff for whatever steps he may have done to this point to respond to the motion.
If this is your choice to stop the motion, it is best to give notice to the other side as soon as possible, as they may then consent to the motion being withdrawn or discontinued without costs. If this is left to closer to the date, when they have likely invested more time into responding, then doing this without costs becomes less likely.
Am I entitled to change my property title from joint to tenats in common prior to a Motion Hearing. If I am can I do this myself at the land registary office. Is that legal.
No, that cannot be done on your own. That would involve a transfer of land that would need to be signed by both joint tenants.
My spouse and I both own two properties. He lives in the matermonial home I live in the other.
He wants off our morgage which is 110.00 with 6 years remaining on the morgage and a 7000.00 dollar cash back if the morgage is changed. Does the law require him to pay half of that debt if it's agreed between two parties that he be removed.
No. If he is removed from the debt, he would have no legal obligation to pay towards it, unless this was also part of your agreement. But it would make little sense to have his name removed from the debt if it is intended that he still pay towards it. This could be done if it is the only way to free up his credit perhaps.
The overall debt would still be considered in the division of matrimonial property, so he will in effect pay for half of the debt if there is an equal division of all the net property. But he would not specifically be required to pay towards this debt unless this was part of your agreement and so you would be solely responsible as far as the bank is concerned and there is no law that the bank could then look to him for payment. Marriage does not give a creditor the right to pursue the debtor's spouse for payment.
We've owned this property were I live since 2008. I lived here until we were married in May 2110 and seperated Nov 2011. I paid all the expenses on this home from day one.
yes it was a short term marriage. Will a court take this into consideration that the relationship was longer than a 18 month marriage and I paid all the expenses to date.
I can't say what a court will decide, but a short-term marriage can be a reason for a judge to determine that unequal division of property is required to achieve a fair result, and courts often consider all the circumstances regarding an asset in that analysis, such as when it was acquired, who paid for it, who helped to maintain it or improve it. The more factors that point to just one spouse, with no contributions by the other spouse, the more likely an unequal division in favour of that spouse will become.
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I fully intend to rate you. I just have some more questions to ask. I thought I could wait until all my questions were done.
You have been wonderfully helpful so far with all my questions. Between what I've paid for this site and the reading I've doing I'm very happy/
Good to hear! I am glad you are happy with the service, and hope it can help you.
I wish you had a practice here. I'd hire you in heart beat.
My spouse took out a one hundred thousand dollar line of credit in 2008. On the date of marriage it was forty thousand. Within the first year of marriage he managed to get it maxed out. I have no idea were this other sixty thousand dollars has gone. Now he is trying to say I'm responsible for this debt with him. What are my legal rights here and how does one legally prove it.
The original $40,000 should not be included in the division of matrimonial property. The $60,000 taken out during marriage would normally be included and the presumption will be that there 'twas taken out for some family purpose. The court can exclude this if you can show that including it would be unfair. That can be established by your testifying and showing that you had no knowledge of the money being taken out or what it was spent on, and showing that the money was not used for family purposes. Courts can include the debt to be divided if it was used to benefit the family, even if you did not know about it.So you would want to get records from the line of credit, and then try to reconstruct how that money was spent. If there is no explanation available from your spouse for such a large amount, a court may be more willing to assume it was wasted and not divisible. But it would be best if you can show how it was spent and show it was on frivolous or non family related things, such as gambling, or vacations or expenses benefiting him only. You can ask him questions under oath as to how the money was spent, look at other records like bank statements or credit card bills or so on to try to see what purchases were made.
While at my case conference last week the issue for support came up. I'm the Applicant my spouse is the R. The R's lawyer says I should not get it because it was only a 18 month marriage.
My lawyer says were only asking for short term while we deal with property issues plus he is on the morgage where I live and has not helped me all in 8 months The Judge said if i do it would be short term. She never said no. Because we brought a motion forth for the next day she decided to adjoun it to July 13. She also highly suggested that all bills be paid and we be in a better position to settle.
The motion is basically asking for the R to be accountable for all debts, support, and equalization of all properties. And the payments better not fall behind. She also said our numbers were not right. She was quite short with the R's lawyer.
What does a Judge mean by short term??
Could you kindly answer the above question
With a short term marriage like mine What does a Judge mean by short term support. Will a Judge take into account the length of time to sell properties or will a Judge look at income. What will a Judge consider with short term support.