Hi there, I just learned that there is an Application registered…

Question

Hi there,

I just learned that there is an Application registered to designate the property
as the matrimonial home registered on October 14, 2009 by my separated "ex-wife"
without the consent of me. It is legally right?

I bought my house in 2001 as a three-apartment rental property, until my family
came to Canada and moved in one of the biggest unit (there are four bedrooms
with two bathrooms, one dinner room, one living room and one family room) on may
03, 2002. It is shared with my cousin (she has been paying the rent of $1100/per
month). Actually there was only 5/18 as our Matrimonial home, which is always
reported in my T1. Since my daughter’s mother formally, voluntarily left this
house alone on November 29, 2006, now this is the 6th year of our separation.
Legally this part of the unit is not her Matrimonial home any more, that is
correct? Please note that there is only one person's name on title of this
house, it is me. And she has been paying nothing to this house. Thank you very
much!
Jim

Debra · Accepted Answer

Debra Thal (username) :

What is the designation for and what does she want?

Customer:
Hi XXXXX

Please note that there is an Application registered to designate the property as
the matrimonial home registered on October 14, 2009 as Instrument No.
AT2202861.application file in October 2009 by your exwife. FNF will not proceed
with until this has been removed.

You have to obtain legal counsel to have this rectified

Your Mortgage Partner of Choice

Thank you

Paul Fraser
Mortgage Advisor

Customer:

I am seeking for the extra $60,000.00 urgently before submission for building
permit for my tiny project (addition), and my mortgage advisor told me that " Hi
XXXXX

Please note that there is an Application registered to designate the property as
the matrimonial home registered on October 14, 2009 as Instrument No.
AT2202861.application file in October 2009 by your exwife. FNF will not proceed
with until this has been removed.

You have to obtain legal counsel to have this rectified

Your Mortgage Partner of Choice

Thank you

Paul Fraser
Mortgage Advisor"

Customer:

I question are as follows:

1) there is an Application registered to designate the property as the
matrimonial home registered on October 14, 2009 by my separated "ex-wife"
without the consent of me. It is legally right?

2) I bought my house in 2001 as a three-apartment rental property, until my
family came to Canada and moved in one of the biggest unit (there are four
bedrooms with two bathrooms, one dinner room, one living room and one family
room) on may 03, 2002. It is shared with my cousin (she has been paying the rent
of $1100/per month). Actually there was only 5/18 as our Matrimonial home, which
is always reported in my T1. Since my daughter’s mother formally, voluntarily
left this house alone on November 29, 2006, now this is the 6th year of our
separation. Legally this part of the unit is not her Matrimonial home any more,
that is correct? (Please note that there is only one person's name on title of
this house, it is me. And she has been paying nothing to this house.)

Thank youvery much!

Jim

Debra Thal (username) :

Did you settle your outstanding issues with her yet?

Do you understand why she did this?

Debra Thal (username) :

Even though she left the home and even though her name is XXXXX XXXXX title, she
may very well have an interest in that home because of the Family Act which
gives her a potential right to share in it's value.

This depends on the province possibly on the length of the marriage.

Debra Thal (username) :

So, she put this on title to preserve her rights until you've settled any
outstanding issues with respect to property division.

Customer:

I am sorry, I was out of town.

Customer:

According to family law act " (3)
[http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90f03_f.htm#s18s3]
If property that includes a matrimonial home is normally used for a purpose
other than residential, the matrimonial home is only the part of the property
that may reasonably be regarded as necessary to the use and enjoyment of the
residence. R.S.O. 1990, c. F.3. 18 (3)." There were only 5/18 of this building
at the time of our separation, as a family residence or a matrimonial home. She
registered to designate the whole property as the matrimonial home without
consent me, it is legally right? I am a self-employed person, this property is
my business and its rent income is my only income. She made this encumbrance of
my business financing for maintenance and for building a new addition of this
property. Also the daily livelihood of my two daughter (live with me) and I will
be hampered by this vile trick. Where should I go and How should I do to have
this rectified? Thank you very much! Jim

Customer:

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Please note that I do want to get general legal information. Again, my questions
as follows:

1) She registered to designate the whole property instead of 5/18 of this
property as the matrimonial home without consent me, it is legally right?

2) Where should I go and how should I do to have this rectified?

Thank you very much! Jim

Debra Thal (username) :

She may not be entitled to have the full building considered to be her
matrimonial home but if there is just one property there was no other way for
her to register on title.

Debra Thal (username) :

You would need to get a Court Order to remove the encumbrance on title.

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