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Legal Ease
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Category: Canada Law
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Experience:  Lawyer
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What rights do I have as the legally married husband of my

Customer Question

What rights do I have as the legally married husband of my wife ?We were married in 2000 and have lived in our house for 16 years.My wife owns the home .Before our marriage in 2000 she signed her will assigning her estate to her surviving children.We live in Ontario and the home is in Ontario ,Canada .
Submitted: 6 months ago.
Category: Canada Law
Expert:  Legal Ease replied 6 months ago.
Is there a marriage contract that deals with your assets?Has she made a new Will since you were married?
Customer: replied 6 months ago.
There is no Marriage contract.My wife has not made a new will since our marriage.
Expert:  Legal Ease replied 6 months ago.
First, the Will that your wife wrote is no longer valid, unless it was made in contemplation of marriage and this is stated in the Will. Second, your wife cannot do at death what she cannot do if you separate or divorce. That means that if your wife dies before you do you have the right to decide whether you will abide by the provisions of the Will or make a claim to the estate under the Family Law Act. The family law act will allow you to get exactly what you would get if you were divorced. This means that the court would examine all of the family assets and you would share equally in them. So, the house would not be considered in a vacuum but rather the court would look at all of the assets and it could be that if the children kept the house but you got many other assets so you ended up with half of the family assets then the provision in the Will would apply. But, if the house is a major asset then the children cannot inherit the house if this reduces what you would otherwise be entitled to.

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