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Is his name the only name on title?
Is there a separation agreement in place?
Yes, the house is only in his name. After they separated she signed a legal document placing the house in his name. No, there is no separation agreement in place. They are on good terms with each other. He is 62 and their children are grown and self sufficient.
If the house is in his name then if the government registers a lien on title this lien will come first.
But otherwise, the government is not entitled to her interest, if any, in the house.
However, she is not able to sue after 8 years of separation unless there is an agreement.
The limitation period for suing for a family asset is 6 years from the date of separation or 2 years after the divorce judgment is signed, which ever comes first.
So if there is no agreement in place that gives her a right to an interest in that house she may be out of luck.
He gave her a $10,000 payment (not legally documented) when they separated. Other that that there has been no payments or written agreements. I moved in with him this past week and when she heard about this she mentioned to him that I should not put any money into the house as it is still the matrimonial home and she would get half if he died. They have been appart for 8 years without a separation agreement. So it may be up to him how much of the proceeds he wishes to give to her (he is a good man and wants to be fair). It may not be a legal half and half split if there is a divorce.
She is not the least bit correct.
It's not the matrimonial home any more.
And even if it was that does not got to ownership.
She will not get a thing if he dies unless there is an agreement or order to the contrary.
And at this point I am concerned about him giving her assets that the government may be entitled to.
So he should actual consult with a family lawyer face to face at this point.
Yes. He is persuing this. The debt has to be paid. We don't know if we should contact a divorce lawyer or a realestate lawyer.
The house has to be sold to pay off the debt.
He should speak to any lawyer at this point.
He just has to be careful not to give her any money before he does.
Yes. I agree. Thank you. You have been very helpful. I was under the impression that since they were legally still married it would still be the matrimonial home. But since there was no separation agreement, the title was changed to only his name, and they have been appart for over 6 years, she may have no claim on the house.
This means more of the equity can go to pay the debt.
Yes it sure sounds like it.
Thank you Debra.
You are very welcome.