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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100977
Experience:  Lawyer
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My husband and I have been together 13 years....married 10

Customer Question

My husband and I have been together 13 years....married for almost 10 yrs. We have separated on two occasions.....July 2007 and in December 2011. When we reconciled in April 2012, we put the house (which I had owned since 1997) into joint tenancy and made our bank accounts joint. We do not have any joint credit cards. For several years, I have come across evidence that my husband has been seeking companionship on-line and has met several women in person. Previously, I have always put "a spanner" in the works. Most recently he went to England/Paris on his own for 7 weeks and I have found evidence that he was in the company of a woman over there with a 6 yr old son. I have not confronted him with this evidence yet and we were to take a one-week trip together to England in October. I have now backed out of that trip but the emails between my husband and this woman suggest that they will be spending more time living together. He is scheduled to return Jan. 17, 2016. I am not sure how to proceed with a separation/divorce. I only want to ensure that our only asset - the house - becomes mine. Your opinion would be appreciated, or a recommendation for someone to see locally in Kelowna.
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

When you reconciled did you have a marriage contract signed?

Are there other assets that were brought into the relationship or acquired during the relationship?

Customer: replied 2 years ago.
1. No
2. No
Expert:  Debra replied 2 years ago.

The problem that you are going to have is that you added his name to the title. So essentially you both own the house.

It is possible that you can get a court order allowing you to buy him out. In terms of what you would pay he would be entitled to share in the increase of value to the house from the time you reconciled to the time you separated.

On top of that, if he contributed more to the value of the house than you did he may be able to get a larger interest than just the share in the increase of the value of the house.

I suggest that as a next step you consult with a family lawyer face to face. You can certainly do this without letting your husband know that this is going on.

As well, I suggest you take advantage of the fact that he is away and collect and make copies of any financial information that you can get your hands on so that you can provide that to your lawyer as well. In particular, if he is spending family assets on this woman and child it would be good for you to be able to prove that because then he is dissipating family assets and this will make your case even stronger in terms of your getting the house.