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Answered in 22 minutes by:
11/14/2009
VerifiedIs the house in both your names?
How did the mortgage payments compare to what you would have paid for fair market value rent?
Has she not been paying you child support over these years?
Were there other assets?
Is there a Separation Agreement or Court Order?
How did the mortgage payments compare to what you would have paid for fair market value rent?
Has she not been paying you child support over these years?
Were there other assets?
Is there a Separation Agreement or Court Order?
That's not entirely correct.
If there is a reconciliation then only some of the provision of the Separation Agreement no longer apply. Those are the provisions that are ongoing. For example, a provision about support would not longer be considered as binding.
Provisions that are final are binding. This would include property division.
Once you reconciled with respect to property it would be like starting fresh.
Since your reconciliation was so short lived it's unlikely a Court would award her a share in the house.
I would suggest that you consult with a family lawyer with some experience.
What you can do to find a lawyer is one of the following things.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
I hope that helps as a starting point.
Please click accept so that I can receive credit for providing you with this information.
If there is a reconciliation then only some of the provision of the Separation Agreement no longer apply. Those are the provisions that are ongoing. For example, a provision about support would not longer be considered as binding.
Provisions that are final are binding. This would include property division.
Once you reconciled with respect to property it would be like starting fresh.
Since your reconciliation was so short lived it's unlikely a Court would award her a share in the house.
I would suggest that you consult with a family lawyer with some experience.
What you can do to find a lawyer is one of the following things.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.
Here's the link to their website:
http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx
I hope that helps as a starting point.
Please click accept so that I can receive credit for providing you with this information.
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